Civil Procedure Code, 1908, Order 6, Rule 15(4) -- Affidavit in support of pleadings - Provision to file affidavit in support of pleadings is mandatory - However, non filing of affidavit in support of pleadings may not be fatal in every case...........
Criminal Procedure Code, 1973, Section 439, 482, Indian Penal Code, 1860, Section 409, 420, 120B -- Interim bail - On basis of medical condition - Offence u/ss 409, 420, 120-B IPC - Petitioner has lost 25 kgs of weight after his judicial custody - Court therefore, directed Director of AIIMS to constitute a medical Board and file a report specifying therein whether..........
Evidence Act, 1872, Section 65(b) -- Secondary evidence of attested copy of cheque and cheque return memo - There is no bar to permit to file photo copy of a document as secondary evidence - Attestation made by banker on the document in question without verification of original would not disable Court from receiving said document - Even if secondary evidence is permitted..........
Arbitration and Conciliation Act, 1996, Section 7, 48(1)(b) -- Foreign award - Enforcement - Two-tier arbitration clause - Dispute regarding quantity of dry weight of copper concentrate - Plea that London arbitrator should have determined the question of jurisdiction as preliminary question, raised for the first time in Supreme Court - Respondent not participating in..........
Will -- Suspicious circumstances - Exclusion of respondent as party failing to file written statement - Even in a regular civil suit, mere no, filing of written statement by the defendant does not always lead to a judgment in favour of the plaintiff - It is evident that even without filing any written statement, the respondent No.1 is entitled to show that the purported..........
Criminal Procedure Code, 1973, Section 156(3) -- Direction to investigate - Without insisting upon complainant to file affidavit - Order is unsustainable...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit - When an application U.O.23.R.1(3) CPC is filed, Court must either allow or dismissed it in toto - It is not permissible for Court to allow withdrawal of suit but refuse grant of permission...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit for damages - Suit for declaration, permanent and mandatory injunction - Plaintiff neither in application contended that there is a formal defect because of which suit must fail, nor trial Court adverted on said aspect - Requirement U.O.23.R.1(3) CPC for grant of liberty..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Recall of judgment holding contemnors guilty - Three identical recall applications were filed by three contemnors and in all applications correctness of judgment is questioned on many grounds - No recall application can lie on these grounds and proper remedy for contemnors is to file a review petition if so..........
Indian Penal Code, 1860, Section 498A -- FIR u/s 498-A - Limitation to file complaint is three years - Complaint filed much more than 3 years after wife started living separate - No justification for delay in filing complaint - No allegation of physical and mental harassment after wife started living separate - High Court rightly quashed the proceedings...........
