Civil Procedure Code, 1908, Order 37, Rule 4 -- Summary suit - Ex parte decree - Setting aside - Notice of summons for judgment was served on defendants and not on their advocate as advocate was not available - Immediately after acquiring knowledge of decree being passed instant notice of motion came to be filed - It cannot be said that defendants have acted in negligence..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Recall of consent order - During pendency of appeal against eviction order, consent order passed whereunder tenant was to vacate after 15 months - Conduct of tenant's Advocate was not fraudulent as consent order was beneficial to tenant giving him additional 15 months stay in the tenanted premises and it cannot..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Restoration of suit - Sufficient cause of non appearance - Neither petitioner nor his advocate filed affidavit disclosing reason for not appearing at the time when case was called for hearing - Advocate refused to give his affidavit - Although reason was assigned that he was suffering from jaundice and typhoid but no medical..........
Civil Procedure Code, 1908, Order 33, Rule 3 -- Indigent person - Application for suing as an indigent person has to be presented in person unless exempted from appearance in Court - When application is not presented in person, rather it is presented by advocate then the same deserves to be rejected...........
Indian Penal Code, 1860, Section 376, 506, 384 -- Rape - Acquittal - Legality of - Prosecutrix although admitted her thumb impression on FIR, admittedly drafted by her advocate but she stated that she does not know the contents as application was written by her advocate according to his own will - She herself stated that false case against accused was filed due to enmity -..........
Advocates Act, 1961, Section 7, 24(1)(c)(iii), 49(1)(d), Bar Council of India Rules, Rule 1(1)(c), Homoeopathy Central Council Act, 1973, Section 13 -- Application for enrollment in Bar Council - Rejection on ground of non-fulfillment of condition - Applicant pursued degree of LLb on basis of LCEH - As per S.13 Second Schedule of Act of 1973 LCEH is not Bachelor Degree but..........
Indian Penal Code, 1860, Section 498A, 323, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Demand of dowry - Quashing of proceedings - Petitioner an advocate by profession, representing case of husband in a case of divorce - Petitioner living separately from family members of husband and not directly related to them..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Injunction suit - Advocate commissioner cannot be appointed at the threshold for gathering evidence - Only in cases where there is a serious dispute regarding identity of property or boundaries thereof, an advocate commissioner can be appointed in injunction suit...........
Hindu Marriage Act, 1955, Section 7, 7A -- Marriage - Performance of marriage by Advocate in his office premises - Developing a new field of practice, by Advocates, namely "Solemnisation and Registration of Marriages" - Marriages performed in secrecy in office of Advocates and Bar Association Rooms, does not amount to solemnization of marriage within meaning of Ss.7 & 7-A..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Typographical error - Affidavit of advocate that it was a typographical error or accidental slip while drafting plaint, cannot be disbelieved - Amendment allowed...........
