Civil Procedure Code, 1908, Section 35A, Order 13A, Rule 3 -- Compensatory cost - Suit for infringement of Trade mark - Application for summary judgment - Defendants have no real prospect of successfully defending claim - They notwithstanding their stated position have compelled plaintiff to pursue the matter by taking application for summary judgment - Suit carried over a..........
Hindu Marriage Act, 1955, Section 11, 12, 24 -- Annulment of marriage - Striking off defence of husband - Non-payment of maintenance pendente lite - Defence of husband stands struck off because of no, payment of maintenance pendente lite and litigation expenses - There is thus, no evidence led by husband for purpose of seeking annulment of marriage - Judgment and decree..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of the plaint U.O.7.R.11 CPC - Does not operate as a bar of res judicata - Therefore, judgment passed by Court below does not have effect of divesting ownership title of plaintiff in the suit property and which was purchased in terms of documentation executed by defendant No.2 in favour of plaintiff...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Conviction - Suspension of sentence during pendency of revision - Application for suspension of sentence filed as an afterthought to blame earlier counsel against whom no complaint is lodged - Accused was neither taken into custody after passing of judgment..........
Civil Procedure Code, 1908, Section 152 -- Correction of decree - Court has to exercise power u/s 152 CPC sparingly and Court cannot go into merits of case to alter or add terms of original decree or to give a finding in body of judgment which was sought to be corrected...........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Violation of orders of Supreme Court - Elected member of Parliament (MP) had violated the order of Supreme Court by breaking/tampering of seal put forth on illegal dairy by Veterinary Service Department - Sealing was carried out in consultation of Monitoring Committee appointed by Supreme Court - Defence taken..........
Limitation Act, 1963, Section 12 -- Appeal - Limitation - Time spent for obtaining subsequent copies of judgment whether relevant - Computation of limitation is confined to copy produced with appeal and no further enquiry is required to be made by Court...........
Criminal Procedure Code, 1973, Section 325 -- Reference by Magistrate - Magistrate passed full fledged judgment acquitting one of the co-accused while holding the petitioners guilty - Same can be said to be merely an opinion of guilt qua petitioners even though the same has been drafted in the form and style of judgment...........
Criminal Procedure Code, 1973, Section 325 -- Reference by Magistrate - Power to segregate the case - Magistrate can choose to refer only those accused to CJM regarding whom he is of the opinion that they are guilty while proceeding ahead to pass order/judgment in respect of other co-accused found not guilty...........
Criminal Procedure Code, 1973, Section 325 -- Reference by Magistrate - Scope - Magistrate while forwarding accused to CJM, when it forms an opinion that higher sentence is required, is not merely to act as a post office but has to fully appreciate the evidence led before it - Although such an exercise of marshalling would be equivalent to passing of a judgment but CJM is..........
