Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 2(wa), 372 -- Dishonour of cheque - Complainant in a case u/s 138 of N.I Act is not a victim u/s 2(wa) Cr.P.C and therefore not entitled to file an appeal u/s 372 Cr.P.C against acquittal of accused...........
Civil Procedure Code, 1908, Section 92 -- Suit for permanent injunction by Public Charitable Trust - Leave of Court to file suit u/s 92 CPC - S.92 CPC is not applicable to such a suit as suit does not relate to removal of a trustee, appointment of a trustee, direction to a trustee, account and enquiries of the trust, usage of the trust property for a particular purpose,..........
Civil Procedure Code, 1908, Section 151 -- Scope - Provision of S.151 CPC is applicable only when there is no alternative remedy in existing provision of law - S.151 CPC cannot be invoked as an alternative to file review...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Permission to file - Rejoinder filed alongwith the application - Possibility of establishing new case and changing nature of suit not visible - As litigation is still at its preliminary stage as such no adverse affect would take place to the interest of parties, if such rejoinder is taken on record - Order allowing..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - At the appellate stage - Suit can be withdrawn with a liberty to file a fresh suit even in the appellate stage unless the defendant show that he has vested right...........
Revenue proceedings -- Delay in disposal of proceedings pending before Revenue Courts - Directions issued to both Chief Secretaries for States of Punjab and Haryana, as well as Administrator, U.T., Chandigarh, to the following effect to issue necessary guidelines to all Revenue Courts, defined under all the local Acts : (i) service of notices, summons and exchange of..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement not filed within statutory period - Striking off defence - Defendant despite being granted last opportunity after availing several opportunities failed to file written statement - Trial Court rightly struck off defence of defendant - However, since defendant is a contesting defendant, suit would be seriously..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement not filed within statutory period - Striking off defence - Defendant despite being granted last opportunity after availing several opportunities failed to file written statement - Trial Court rightly struck off defence of defendant - However, since defendant is a contesting defendant, suit would be seriously..........
Evidence Act, 1872, Section 3, 61 -- Admissibility of document - Objection as to - Document tendered in evidence and received on file subject to objection raised by petitioner - Its genuineness and veracity will be dealt with at the trial stage - Objection rightly rejected by Sessions Judge...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 18(3) -- Juvenile - Transfer of case to Children's Court - Accused was 16 years 9 months and 7 days at the time of commission of offence - He was declared juvenile by JJ Board - However, Magistrate instead of sending file to JJ Board has passed the order taking cognizance - Magistrate has no power to..........
