Civil Procedure Code, 1908, Order 14, Rule 1 -- Non-framing of issues - Once evidence is led with respect to pleadings, non-framing of issues could not have proved fatal so as to record dismissal of suit...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Dismissal of application of accused u/s 482 Cr.P.C would not be a bar against consideration of merits of his application for anticipatory bail...........
Consumer Protection Act, 1986, Section 23, Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Second consumer complaint - Withdrawal of earlier complaint by Advocate of complainant on the pretext of the case being prolonged by Advocate of the Insurance Company, without having express instructions for withdrawal of complaint - However, for the fault of Advocate, complainant..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Dismissal of former suit on the ground of disappearance of cause of action cannot be operate as res judicata in subsequent suit, as judgment passed in former suit was not on merits...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment to take plea of adverse possession sought at the stage of arguments - There has not been any due diligence on the part of defendants - Defendants had even otherwise taken a specific stand in written statement that they are owners in possession of suit land on basis of an oral sale -..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Interim bail granted at the time of admission of anticipatory bail - Petitioner surrendered in view of interim order and after his arrest, he was released on interim bail - Dismissal of anticipatory bail application as not pressed - Order of interim bail and bond executed thereof stand effaced - Police is..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 4, 8, Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Dismissal in default for non appearance of both the parties - Restoration - Application for restoration of petition for divorce by mutual consent should have been filed by both the parties jointly and restoration application filed by appellant..........
Civil Procedure Code, 1908, Order 41, Rule 21 -- Exparte decision in first appeal - Dismissal of application filed U.O.41.R.21 CPC - Application moved within time - Shows that appellant was watching the proceedings from outside the Court - Appellant has not come to Court with clean hands - Application rightly rejected...........
Negotiable Instruments Act, 1881, Section 138, 145(2), Criminal Procedure Code, 1973, Section 315 -- Dishonour of cheque - Evidence on affidavit by accused in his defence - Dismissal of application - Calls for no interference...........
Civil Procedure Code, 1908, Order 41, Rule 17 -- Dismissal of appeal in default - If counsel for appellant does not appear before Court on the date fixed for hearing, only option available to Court is to dismiss the appeal in default and Court cannot decide the same on merits...........
