Commercial Courts Act, 2015, Section 12A, Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Pre-litigation mediation - Whether mandatory - Pre-litigation mediation contemplated u/s 12-A of Commercial Courts Act is mandatory - Any suit instituted violating mandate of said provision must be visited with rejection of plaint U.O.7.R.11 CPC - This power can..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91, 311 -- Dishonour of cheque - An application filed by complainant u/s 311 Cr.P.C. was allowed and evidence of PW2 was recorded and bank statement was exhibited - Accused filed an application to call Bank Manager in his evidence to rebut the evidence given by complainant - Prayer of..........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Local Commissioner - In case trial Court appoints Commissioner with the purpose to satisfy itself on a certain aspect of the matter, there is nothing wrong in the same and there is no reason to set aside the order - Trial Court while appointing Commissioner cannot be said to have passed the order with a purpose of creating..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Agreement to sell, power of attorney and sale deed whether forged and fabricated documents - Such disputed questions of fact can be decided on basis of evidence to be led by parties - Forgery pleaded cannot be a ground for rejection of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While considering an application U.O.7.R.11 CPC, averments in plaint alone are to be examined and no other extraneous factor can be taken into consideration...........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 32 -- Offence u/s 304-B IPC - Two dying declarations - Both recorded by Judicial Magistrates - In the first declaration deceased exonerated appellant and his family members and in the second dying declaration she implicated appellant as well as his parents - First dying declaration recorded by `V' examined..........
Civil Procedure Code, 1908, Section 114 -- Review - Application has to be filed within 30 days...........
Civil Procedure Code, 1908, Section 114 -- Review - Power of review cannot be exercised as an inherent power nor an appellate power can be exercised in the guise of power of review...........
Criminal Procedure Code, 1973, Section 227, Prevention of Money Laundering Act, 2002, Section 3 -- Discharge - Offence u/s 3 of Prevention of Money Laundering Act - Accused No.1 already acquitted of the scheduled offence and present appellants not accused of any scheduled offence - Discharge application allowed...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 23, Civil Procedure Code, 1908, Section 89, Order 23, Rule 3 -- Magistrate exercising jurisdiction under PWDV Act has power to refer matter before it to mediation applying principles of S.89 CPC, record compromise and pass an order in terms of settlement applying principles of O.23.R.3 CPC...........
