Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Non-filing of FSL report along with charge sheet is not sufficient to arrive at the conclusion that charge sheet filed was incomplete - Said report can be filed by way of a supplementary charge sheet and in any case, FSL report is only a corroborative piece of evidence - Application for default bail rejected...........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration of appeal dismissed in default - Petitioner who was looking after the case was not completely bedridden during the relevant period - No evidence on record that petitioner was not in a position to instruct her advocate to pursue the matter - Except bald allegation against counsel, there is no material available on..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Partition suit - In a suit for partition, each party is plaintiff and even if plaintiff is not proceeding with the suit, Court was required to proceed with the suit - Suit dismissed in the year 2016 having no legal or rational reason - Time passed is almost 8 years - Suit restored...........
Legal Services Authorities Act, 1987, Section 20(5) -- Lok Adalat - Cannot dismiss a case referred to it in default of appearance of a party...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 421 -- Dishonour of cheque - Compromise - Recovery of unpaid amount - Dispute between parties compromised and order of acquittal was passed reserving liberty in the event of default in payment by accused to complainant to invoke S.421 Cr.P.C - Accused defaults in payment - Criminal..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Complainant remained absent for two consecutive dates preceding the date of dismissal of complaint - Order of dismissal of complaint being a technical dismissal and for want of prosecution deserves to be quashed - Complaint..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards payment of chit fund, got dishonoured - However, accused disputed the entering into chit agreement with complainant - Details of the amounts paid by accused and details of default from the books of accounts of complainant has not been provided to accused inspite of being sought for..........
Civil Procedure Code, 1908, Order 9, Rule 3 -- Dismissal of suit for default - Plaintiff remained absent on five consecutive dates which shows that plaintiff was no longer interested to pursue the suit filed against defendant - Defendant also never entered appearance despite receiving notice from Court - Suit rightly dismissed for non-appearance of parties...........
Indian Penal Code, 1860, Section 451, 354 -- Offence u/ss 451, 354 IPC - Sentence - Sentence of 3 months R.I. u/s 451 IPC with fine of Rs.1000/- with default sentence of one month R.I. for non-payment of fine is upheld - However, for an offence u/s 354 IPC, accused is sentenced to 3 months R..I with fine of Rs.5000/- with default sentence of R.I. of 3 months for..........
Rent and Eviction -- Non payment of rent - Forfeiture/determination of tenancy - Tenant for undemonstrated reasons been delaying the payment of rent and/or other dues, payable to the landlord - Assessment of rentals, made by valuer of Rs.41/- per Sq. ft. as submitted by landlord - Keeping in view the location of premises, rent as agreed, alleged non payment of rent,..........
