Civil Procedure Code, 1908, Order 7, Rule 14, Civil Procedure Code, 1908, Order 13, Rule 1, 2, 3, 7 -- Production and marking of documents - Law as to - (1) A list of documents should be filed along with the plaint or written statement and if the parties want to file document subsequently, they have to take leave of the Court; (2) The documents, which are marked, does not..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - Disputed signatures - Determination of age of ink - Application for expert opinion filed at belated stage - Accused never came up with any specific defence until his statement u/s 313 Cr.P.C. was recorded - More so, accused has already been given..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4), Limitation Act, 1963, Section 5 -- Dishonour of cheque - Appeal against acquittal - Condonation of delay - Delay of 138 days in filing appeal - No cogent reason mentioned in application for condonation of delay - Complainant failed to show any error in law or on facts on basis of..........
Criminal Procedure Code, 1973, Section 161 -- Statement of eye witness - Delay in recording statement - Belated recording of statements of eye witnesses would not ipso facto affect the prosecution case in view of fact that version as stated by PW2 was entirely found in the complaint lodged by PW1 within 2 or 2-1/2 hours of incident...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Delay of 21 days - As defendant was not duly served as such she could not have been proceeded ex parte - Delay sufficiently explained that defendant was a rustic lady and she could not arrange funds - Delay condoned - Ex parte decree rightly set aside...........
Indian Penal Code, 1860, Section 376 -- Rape of minor aged 5 years by her own father - Prosecutrix capable enough to understand material questions put to her as she stated that her father removed her panty and committed rape on her - Medical evidence fully corroborates the version of prosecutrix - Mother of prosecutrix to whom prosecutrix narrated the entire incident..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Delay in filing application U.O.7.R.11 CPC - Application for rejection of plaint filed long after filing of suit and dismissal of amendment application of plaintiff - No plausible explanation for petitioner for such a delay - Said delay disentitles the petitioner to claim extra ordinary relief of..........
Arbitration and Conciliation Act, 1996, Section 8 -- Reference to arbitration - Jurisdiction of Civil Court - Once an application in due compliance of S.8 of Act is filed, approach of Civil Court should be to see whether its jurisdiction is ousted and not that whether there is still jurisdiction in Civil Court, as such approach will delay the resolution of disputes - It is..........
Civil Procedure Code, 1908, Order 39, Rule 3A -- Ex parte ad interim injunction - Restraining interfering with lawful construction - Provision of O.18.R.3 CPC is mandatory - Ex parte ad interim injunction can only be granted when Court forms an opinion with reasons that object of granting injunction would be defeated by delay - Ex parte ad interim injunction when granted..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration application - Condonation of delay - Previous conduct of parties or previous adjournments granted by Court finding sufficient cause are irrelevant consideration for deciding restoration application - Rejection of application on irrelevant consideration - Impugned order set aside -..........
