Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Refusal to accept summons and conducting of Munadi thereafter - However, process server or the person who conducted the alleged Munadi not examined - Assumption of trial Court that defendant had the knowledge of suit cannot be sustained in the eyes of law...........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Summary suit for recovery - Denial of - Reasoning given by Court below that ex facie suit claims relief which are beyond O.37 CPC does not prima facie seem to be a correct finding - Question as to whether in the suit plaintiff is claiming relief beyond O.37 CPC would be a defence which defendant may take in its leave to..........
Criminal Procedure Code, 1973, Section 228, 464(2) -- Omission to frame charge u/s 302 IPC - Order of remand - Trial Court framed charge u/ss 498-A, 304-B, 201, 34 IPC - Deceased died due to Aluminum Phosphide poisoning - Said poison was found in blood and stomach of deceased - Trial Court acquitted accused u/s 304-B IPC on the ground that doctor PW12 deposed that Aluminum..........
Civil Procedure Code, 1908, Order 39, Rule 6 -- Sale of vehicle seized by Bank - Non-payment of loan - Recovery suit - Application U.O.39.R.6 CPC, ought to have been decided by Trial Court at the time of final order in suit itself - Moreover, to keep application pending while suit itself is decreed, is completely irrational - Vehicle has a limited life value which..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Non appearance due to ill health - Cancellation of bail - Accused if prevented by sufficient reasons to put appearance in Court, same cannot be construed as a deliberate and willful absence - Explanation offered appears to be justified and accepted - Order as to cancellation of bail set aside and accused to remain on..........
Civil Procedure Code, 1908, Order 37, Rule 3 - - Recovery suit - Leave to defend - Delay - Condonation of delay - Separate application to condone delay not absolutely necessary - Once some reasoning is given in the application seeking leave to defend suit, Court is required to go into grounds of delay, consider them and then pass a reasoned order accepting or rejecting..........
Criminal Procedure Code, 1973, Section 311 -- Summoning of additional witnesses - Oral request made by Counsel for CBI to examine two additional witnesses, who were not cited as witnesses in challan submitted before Court and their statements u/s 161 Cr.P.C were not recorded - No opportunity of hearing was given to accused while allowing prayer of CBI by Court below -..........
Evidence Act, 1872, Section 137, 138 -- Cross-examination - Need not be restricted to what witness has stated in his examination-in-chief - However, Court has to decide relevancy and admissibility of any question that may be put to a witness...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first Appellate Court - Suit for cancellation of sale deed - First Appellate Court has merely given a judgment of affirmance without considering evidence available on record - It was plaintiff who attacked sale deed, thus, burden was on plaintiff to have proved her case - However, First Appellate Court by..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Appeal against acquittal - Presumption - There was manipulation in loan application and besides resolution to sanction loan was even prior to application for loan which improbabalised case of complainant or rather probabalised case in defence that there was no such transaction whatsoever -..........
