Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Commercial suit - Period upto which delay could be condoned was 120 days and not beyond that - Filing of written statement by defendant after 128 days, held not accepted - Order permitting defendant to file written statement quashed and set aside...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to institute fresh suit for same cause of action - Inability to secure necessary evidence by plaintiff - Not the right ground to withdraw suit with liberty to file a fresh suit for same cause of action...........
Consumer Protection Act, 1986, Section 35(1)(c), Civil Procedure Code, 1908, Order 1, Rule 8 -- Consumer complaint - Joint complaint and complaint filed in a representative capacity - Where there are only "a few consumers" and not "numerous consumers" having same interest, they can join together and file a joint complaint - A joint complaint stands in contrast to a..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Issuance of cheque and signature of accused in cheques are not in dispute - Cheques came to be issued on account of cancellation of sale agreement and therefore, initial burden is discharged by complainant by placing necessary oral and documentary evidence on record - Trend to cross..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Non payment of misappropriated money - Report of ADG CID - Same not disputed - Opportunity to file objections to the report not granted - Non objection to the report does not mean that liability to pay the amount is admitted - Moreover, even assuming that in the judgment there is a direction to pay money but..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11, Conduct of Elections Rules, 1961 -- Form 25 - Rejection of election petition - Verifying affidavit in support of election petition filed - However, Affidavit in Form 25 not filed - This is a curable defect - An opportunity must be granted to the Appellant to file an affidavit in support of petition in Form 25 in..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Accused arrested on 5.11.2018 and he remains in custody till today - Charge sheet was submitted by I.O after about one year from date of arrest of accused - Even though accused is entitled to grant of statutory bail as provided u/s 167 Cr.P.C on account of default of submitting charge sheet within prescribed..........
Civil Procedure Code, 1908, Section 96 -- First Appeal - Duty is cast on Appellate Court to adjudicate first appeal both on questions of fact and applicable law, as right to file an appeal by an unsuccessful party assailing judgment of Original Court is a valuable right...........
Negotiable Instruments Act, 1881, Section 138, 142(1)(b) -- Dishonour of cheque - Condonation of delay of 9 days in filing complaint - Petitioners who is authorised signatory of company, could not file complaint within stipulated time, as he had to go out of station, during which period, he also suffered from jaundice and said factors ought to have been considered by trial..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period of 90 days - Striking off defence - Defendant has not moved any application before trial Court seeking extension of time to file written statement - Trial Court straightaway struck off the defence of defendant on the ground that more than 90 days had elapsed from the date..........
