Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Suit for cancellation of registered sale deed and for declaration and permanent injunction - Plaintiff challenging decree passed in earlier suit and also registered sale deed - Admittedly, plaintiff was party to earlier suit, thus, he has knowledge of passing of decree and..........
Civil Procedure Code, 1908, Order 6, Rule 18 -- Extension of time to file amended plaint - Amendment of plaint allowed - Amendment not carried out in plaint, in time - No prejudice likely to be caused to defendant if extension to file amended plaint is granted - Law permits and empowers Court to extend time - Order allowing extension of time upheld but order in so far..........
Family Courts Act, 1984, Section 18(3), Civil Procedure Code, 1908, Section 39(1)(a), 39(4) -- Execution - Family Court which passed decree cannot execute a decree personally against JD who actually and voluntarily resides or personally works for gain or carries on business within jurisdiction of another Family Court - In such case, decree is liable to be transferred u/s..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 504, 506 -- Quashing of proceedings - Offence u/ss 323, 504, 506 IPC - Accused assaulted complainant with abuse and scuffle and also extended threat of dire consequences - Earlier to present incident accused committed same occurrence for which proceeding u/ss 107, 116 Cr.P.C was taken by..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 376 -- Cancellation of bail - Rape of 14 years old girl - Alleged rape is committed on a young girl - There is one statement on record that her age is 16 years, but for purpose of present matter it does not make much difference - Fact that victim of rape is habitual to sex cannot be a valid..........
Criminal Procedure Code, 1973, Section 385 -- Appeal against conviction - Dismissed for default - Appeal cannot be dismissed for default and if appellant fails to turn up for hearing in spite of granting several opportunities and even if advocate fails to attend Court, Court has to dispose of said appeal on merits on basis of material available on record - Order dismissing..........
Criminal Procedure Code, 1973, Section 207 -- Documents - Supply of copy to accused - Where case involving issues such as of privacy of complainant/witness or his/her identity, Court may be justified in providing only inspection thereof to accused and his/her lawyer or expert for presenting effective defence during trial - Court may issue suitable directions to balance..........
Criminal Procedure Code, 1973, Section 207 -- Proviso (ii) - Inspection of documents - Electronic record - If accused or his lawyer himself intends to inspect documents in question, he can request Magistrate to provide him inspection in Court, if necessary even for more than once alongwith his lawyer and I.T expert to enable him to effectively defend himself during trial...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Leave to appeal - There is material variation in respect of the date when cheque in question was issued - Even, explanation offered by accused u/s 313 of Cr.P.C is regarding misuse of cheque - Prosecution case itself raised serious doubts and therefore, trial Court has rightly extended..........
Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Evidence of complainant by way of affidavit - Cross examination of deponent - Reasons need to be assigned to seek cross-examination of deponent - It is obligatory for Court to recall complainant or its witnesses, if an application is made in that behalf - Moreover, no prejudice, whatsoever,..........
