Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration of appeal dismissed in default - There is no requirement of law that appellants in appeal should be present when appeal is taken up for hearing because having engaged a counsel who has to argue the appeal, appellants need not be physically present in Court - View of Court below that appellants should have..........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration of appeal dismissed in default - Appeal dismissed in default because counsel engaged by appellants could not be present, as he has to admit his son in Engineering course - Application for restoration of appeal filed within 30 days from dismissal of appeal - Court below ought to have taken into account the..........
Evidence Act, 1872, Section 118, Indian Penal Code, 1860, Section 304(Part I) - - Offence u/s 304(Part I) IPC - Husband allegedly killed his wife by strangulation - Child witness/PW7 is a star witness of prosecution, aged about 8 years at the time of examination in Court - He stated that his father/accused quarreling with his mother sat over her chest and pressed her neck..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(b) - - Conviction u/s 22(b) NDPS Act - Accused convicted and sentenced way back in April, 2017 and since then no appeal has been preferred due to financial constraints and same has been filed only in December, 2018 through legal aid counsel appointed by High Court Legal Services Authority - As accused has..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Non-appearance of complainant - Complainant and his counsel not present in the Court because of wrong noting down of date by counsel - Fact that complainant assailed the order of acquittal of accused on account of his no, appearance before High Court, demonstrates that complainant is serious about..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of written statement - Dismissal of application - Eviction petition - Application for amendment filed at belated stage when case fixed for evidence of petitioner - Furthermore, application filed U.O.6.R.17 CPC does not disclose as to why these..........
Special Marriage Act, 1954, Section 49 -- Marriage certificate - Change/amendment of name in marriage certificate - Change/amendment of name was sought on strength of documents issued subsequent to Marriage certificate - Authenticity of such documents placed on record is not under doubt - It is not a correction of error in marriage certificate - S.49 of the Act would have..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Received back unserved - Notice served by accused through counsel - Plea that counsel issued notice without her instructions - Since no complaint was lodged against counsel in Bar Council as such it clearly indicates that registered notice was sent on the instructions of accused...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment of memo of parties - Suit filed in the name of Director followed by name of Private Limited Company - Suit should have been filed by Private Limited Company through its Director - It is a mistake of counsel, may be on account of lack of understanding as to how a Private Limited Company is to..........
Legal Services Authorities Act, 1987, Section 21, Indian Contract Act, 1872, Section 17 -- Award of Lok Adalat - Plea of fraud by petitioner - When petitioner and her counsel signed the terms of compromise, then petitioner cannot resile from compromise and contend that it was obtained by fraud without producing any prima facie proof...........
