Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit for recovery - Procedure for appearance of defendant - In a summary suit, next date should not be mentioned except requiring the defendant to cause his appearance before the Court within ten days from the date of receipt of summons - If he fails to appear within the said ten days, plaintiff will be entitled for a..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Comparison of signature - Application for comparison of signatures at the instance of accused when case is fixed for complainants evidence is not maintainable...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - At the stage of application u/s 11 of the Act, referral Courts need only to examine whether arbitration agreement exists nothing more, nothing less...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - While determining the issue of limitation in the exercise of powers u/s 11(6) of the Act, referral Court must only conduct a limited enquiry for the purpose of examining whether S.11(6) application has been filed within limitation period of three years or not - At this stage, it would not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 18, 21(c), 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Recovery of 260 grms of heroin effected from him and 500 grms of opium was also recovered from dashboard of car - Quantity of recovered contraband falls under commercial quantity - Rigors of S.37 of NDPS Act would certainly be..........
Evidence Act, 1872, Section 45 -- Handwriting expert - Comparison of signatures - Defendant did not file any authentic document which contained his admitted signatures - Signature scribed in the open Court, vakalat, suit summons and written statement cannot be termed as an admitted signature as there is every likelihood of defendant disguising the signature - Application..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation for trees and borewell - Reference Court rejected claim for compensation of awala trees as the same were newly planted and were not fruit bearing at the relevant time - Plantation was reported to be of the year which is subsequent to the proposal to acquire land - Court also recorded that no..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of transferee pendente lite at appellate stage - Suit for declaration and injunction - Petitioners had knowledge of execution of sale deed before passing of the decree - However, they did not file any application for impleading them as party before trial Court - Application filed in appeal - Application rightly..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 302, 354, 114, 34, Arms Act, 1959, Section 25 -- Fourth bail application - Murder - Earlier bail applications were dismissed as withdrawn - All the private PWs stand examined after dismissal of last bail petition - Petitioner has suffered incarceration for about 2 years 7 months and 20..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal against conviction - Appeal is filed by appellant before High Court in the year 2020 - Older appeals would be heard prior to this appeal being considered - Co-accused has been released on bail by High Court - Appellant has already completed a little more than half the sentence..........
