Civil Procedure Code, 1908, Section 152 -- Amendment of judgment by Executing Court - Defendant No.2 died during pendency of suit and his L.R's were impleaded - While passing the decree this fact was missed - Plea that rectification in the array of parties could not have been ordered by Executing Court and in fact such a rectification could only have been made by the..........
Suit for recovery of possession -- Predecessor-in-interest of respondents was partner with appellants - Entire second floor of demised premises was given on rent to partnership firm - After dissolution of firm, rent receipt was issued in name of only one partner and it was silent about others - Even after death of predecessor respondents continued to occupy premises - In..........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - It is always in the interest of justice that accused should join stream of trial and in case due to some reasons, accused is declared proclaimed person, then Court would always look into substance and material available on record to show whether he intended to evade proceedings or not - However, where..........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Neither intimation regarding notice/no, bailable warrants issued against petitioner nor it was given to numberdar/chowkidar/sarpanch of the village - Moreover, it does not appear that petitioner is deliberately and willfully evading arrest and has not joined the proceedings - In interest of justice,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Closure of defence evidence - Four opportunities granted but accused neither taken any steps nor produced evidence in defence - However, to meet the interest of justice and to give a chance of a fair trial to the parties, one opportunity is granted to lead defence evidence subject to cost of..........
Hindu Succession Act, 1956, Section 14(1) -- Property of Hindu female - Life interest was given to Hindu Female and she was in possession of same - She died in the year 1996 after coming into force of the Act - Even before her death, she become absolute owner of suit property - Since she sold the property to defendant in 1991 and sale deed shows absolute right over..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Complainant not cross examined despite providing opportunities - Petitioner provided an opportunity, in the interest of justice, to cross examine complainant subject to payment of costs of Rs.10,000/-...........
Succession Act, 1925, Section 299 -- Grant of probate - Appeal - Impleadment of subsequent purchaser - Applicant claimed to have acquired right, title and interest from beneficiaries/legatees under Will - He is neither a proper nor a necessary party to be added in appeal - Applicant thus, not allowed to intervene or added as a party...........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Objection - Dismissal of objections - Arbitrator awarded interest on amount payable on account of delayed payment of final bill Clause in arbitration agreement reflect that arbitrator shall not award interest to parties on any of items of contract agreement executed in between parties, if arbitrator..........
Limitation Act, 1963, Section 19 -- Fresh period of limitation - Provision of S.19 of the Act provide fresh period of limitation, which is founded on certain facts, i.e., (i) whether payment on account of debt or of interest on legacy is made before the expiration of the prescribed period by the person liable to pay the debt or legacy, (ii) an acknowledgement of the..........
