Contempt of Courts Act, 1971, Section 2(c), 12(1), 15 -- Criminal contempt - Additional Advocate General recording a note on police file that Judge had given oral direction not to arrest accused till next date of hearing - In fact Judge had not given any such direction - Act of Additional Advocate General prima facie amounts to scandilization and attempt to interfere in..........
Civil Procedure Code, 1908, Order 22, Rule 2 -- Legal Representatives -Impleadment of - Power of attorney - Non signing of - Applicants were represented by their counsel before the trial Court - Witnesses were examined by the said Advocate - At no stage there was repudiation to the authority of the Advocate to represent the applications - Mere irregularity in not signing..........
Civil Procedure Code, 1908, Section 24 -- Advocate - There is no general proposition of law to transfer a case when it is initiated by an Advocate or against an Advocate to a place other than the one where the Member of the Bar is practising...........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Appeal - Appellant and Advocate absent - Appeal dismissed for default - When an Advocate is engaged it is not duty of appellant to remain present on the date fixed in the case - If Advocate is not present then appellant cannot be blamed for default on the part of his Advocate - Appeal restored subject to payment of Rs.5,..........
Contempt of Courts Act, 1971, Section 15(1), 15(1)(a), 15(1)(b), 15(1)(c) -- Contempt of Subordinate Court - High Court has power to punish the contemner by initiating action suo motu without consent of Advocate General - However, failure to obtain consent of Advocate General is a circumstance which High Court can take into consideration while examining the matter on..........
Contempt of Courts Act, 1971, Section 15(1)(b), 2(c) -- Contempt - Proceedings initiated by a party - Prior written sanction of Advocate General is a mandatory requirement for invoking contempt jurisdiction of the Court by a private party...........
Contempt of Courts Act, 1971, Section 15, Constitution of India, 1950, Article 215 -- Contempt petition - Two contempt petitions filed in the High Court against appellant without obtaining the consent of the Advocate General - Requirement of obtaining consent in writing of the Advocate General for making motion by any person is mandatory - The contempt petitions were never..........
Civil Procedure Code, 1908, Section 141, Order 23, Rule 3, Constitution of India, 1950, Article 226 -- Consent decree - Challenge thereto - Objection regarding having not been signed - Not Written - Memorandum of compromise was issued by Govt. at instance of Commissioner of endowment and same was accepted by plaintiff - At no point of time it was averred that Advocate..........
Motor Vehicles Act, 1988, Section 170, Limitation Act, 1963, Section 5 -- Appeal - Delay - 268 days delay in filing appeal against award in an accident claim petition - Delay alleged to be on the part of Advocate - Nothing to prove as to what action had been taken against Advocate who allegedly played fraud upon the appellant - Sufficient cause thus not shown to condone..........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Sent without signatures of Advocate on it - Notice received by drawer - Held, there is sufficient compliance with the provision and all other contentions to the contrary cannot be accepted at all...........
