Criminal trial -- Case and a counter case or two cases with regard to the same occurrence - One case triable by Court of Sessions and the other triable by Magistrate - Held, both the cases can be committed to the Court of Sessions to be tried together...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Intention of respondent to dispose of property - Proof of - No proof of intended sale - Respondent did not controvert said contention by filing counter affidavit - Needle of suspicion swings more in favour of the petitioner, than relieving the respondent of his obligation - Refusal for attachment..........
Limitation Act, 1963, Article 42, Contract Act, 1872, Section 126 -- Counter guarantee - Given by party to Bank who gave guarantee to creditor on behalf of principal debtor - Limitation for Bank to file suit against party which gave counter guarantee starts running on date on which Bank liquidated its liability under its Bank guarantee in terms of decree passed against it..........
Banking service -- Vicarious liability - Misappropriation of amount by agent - Complainants by producing the pass-books with the initials of the authorised agent, have discharged the initial onus - The same not dispelled by the Bank by giving counter evidence - Bank held liable to pay the amount...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Petition by husband - Allegation of causing mental cruelty and adultery - Wife denying allegation and making counter allegation that husband had driven her out of house along with two children, forcing her to take refuge at her parent's home - No evidence led to substantiate allegation of adultery - Making a baseless..........
Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter claim - Sought to be filed after closure of plaintiff's evidence - Counter-claim cannot be permitted at that belated stage though the claim is within period of limitation - Stage at which counter-claim can be filed - Analysed...........
Indian Penal Code, 1860, Section 409, 405 -- Criminal breach of trust - Complainant delivered money to cash peon for counting at instance of Head Cashier of Bank for issuance of bank draft - Money found missing from cash counter as such draft not prepared - Accused Head Cashier and cash peon were charge sheeted and convicted by trial Court - Conviction set aside in appeal..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for injunction - Counter claim by way of declaration to protect the prescriptive easementary right of way in defence of the suit is unnecessary...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction in favour of defendant in a suit filed by plaintiff - Order of status quo on application by defendant in counter - claim filed alongwith written statement - Lease period had come to end - No claim could be made after expiry of lease period - Loss suffered by defendant can be claimed in action for..........
Civil Procedure Code, 1908, Order 8, Rule 6-A -- Written statement not filed - Counter claim is not entertainable when there is no written statement on record...........
