Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Compounding of offence - Quashing of proceedings - Parties compromised the matter amicably - Entire compensation amount paid by accused - Continuation of proceedings will not suffice any fruitful purpose whatsoever - This is a fit case where inherent..........
Criminal Procedure Code, 1973, Section 374 -- Appeal against conviction - Dismissed in default in absence of counsel for appellant/accused - First Appellate Court supposed to hear the matter on merits and could have put up the matter for some other day or still if counsel was not appearing to argue the appeal then counsel from Legal Aid Services should have to be provided..........
Arbitration and Conciliation Act, 1996, Section 36(3) - - Money decree award - U, conditional stay of award - Validity - S.36 of the Act does not provide for any special treatment to Government while dealing with grant of stay in an application under proceedings of S.34 of the Act - Grant of stay is to be conditional as per S.36(3) of the Act - Courts ought not to pass an..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Deletion of name of deceased plaintiff - Suit for eviction jointly filed by plaintiffs - Deceased died during pendency of suit - Application for deletion of name of plaintiff filed before lower appellate Court - Appeal still survives even after death of plaintiff - Name of deceased plaintiff therefore may be deleted from..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of execution petition - Application for amendment filed u/s 151 CPC also - Amendment in execution application was necessary since correction in the judgment and decree of trial Court had been done so as include khasra No.465, which could not be incorporated inadvertently, though, it was subject matter..........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - Pendency of appeal - Stay be obtained from the Appellate Court - Executing Court cannot grant stay of execution proceedings when no stay is granted by Appellate Court or there is refusal to grant stay...........
Civil Procedure Code, 1908, Order 21, Rule 2 -- Execution - Requirement of O.21.R.2 CPC can only be applied in case incriminating facts in paying and receiving amount in question are certified by Court U.O.22.R.2 CPC - In the event of no certification, provision cannot be relied...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 2 -- Execution - Decree for possession and permanent injunction - Objection filed by JD after issuance of warrants of possession - Objection that compromise arrived at between parties where by DH agreed to transfer her ownership in property in question of JD and payment received therein by JD - Objection rejected, as..........
Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Withdrawal of suit at appellate stage - As per provision of O.23.R.1(4) CPC, consideration for grant of permission to withdraw the suit at the appellate stage are totally different than considerations which are available to the trial court...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Jamabandis - Not produced due to lapse of counsel - Party cannot be penalized for lapse of his counsel - Jamabandis required for just and fair conclusion to decide legal rights of parties - Additional evidence allowed - Appellate Court to decide appeal itself after calling the report..........
