Civil Procedure Code, 1908, Section 151, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Plaintiff suffered an order of dismissal, as his counsel has noted wrong date of hearing in his diary - Litigant cannot be made to suffer on account of negligence or lapse on the part of his advocate - Sufficient cause shown by plaintiff..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - High Court allowed appeal in the absence of framing any substantial question of law that too at the admission stage without issuance of notice to other plaintiffs and by hearing only plaintiff no.2 who was only caveat - Said errors are compounded by fact that a sum of Rs.50,000 cost..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Suit for declaration of title - Defendant admitted in his written statement about existence of structure, stairs over galli in between the house of plaintiff and defendant - He squarely supports case of plaintiff - Order rejecting application is proper...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Numerous complaints - One bail order cannot be applied to all other subsequent cases...........
Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence without imposing condition of deposit of 20% of compensation amount without there being a plea by accused - When an accused seeks a blanket order of suspension of sentence then Court has to consider whether the case falls in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Plaintiffs have been in permissive possession of at least one shop since 2012 and were also found in possession by Local Commissioner - Simply because plaintiffs have filed suit on the basis of an oral agreement of sale, prima facie assessment of merit of such claim of plaintiffs could not have..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Commencement of trial - No witness has yet been examined - Findings of trial Court that amendment cannot be allowed, as same was filed after commencement of trial not sustainable - Observation of trial Court that pleadings in plaint sufficient to determine the question in controversy is without any basis..........
Criminal Procedure Code, 1973, Section 482, 82 -- Quashing of order - Order declaring accused as proclaimed offender - No intentional absence of accused from Court proceedings - Accused undertakes not to absent from Court proceedings any further - Impugned order set aside - Accused directed to appear before trial Court...........
Criminal Procedure Code, 1973, Section 374, 386 -- Appeal against conviction - Murder case - High Court decided the appeal on the same day on which advocate was appointed - Advocate appointed to represent accused thus, was not granted even a reasonable time to prepare herself - Impugned order set aside - Matter remanded for consideration afresh...........
Criminal Procedure Code, 1973, Section 374, 386 -- Appeal against conviction - Murder case - High Court decided the appeal on the same day on which advocate was appointed - Advocate appointed to represent accused thus, was not granted even a reasonable time to prepare herself - Impugned order set aside - Matter remanded for consideration afresh...........
