Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement - Not filed within time - Pronouncement of judgment - Suit was lying dismissed in default for 4-1/2 years - Defendant cannot be blamed for this period of delay in disposal of suit - Moreover, defendant already filed written statement and same cannot be ignored - Application rightly rejected...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quantum of sentence - Accused was aged around 24 years at the time of incident and now he is 46 years old - He has already suffered the agony of protracted trial, spanning over a period of more than 22 years and he remained incarcerated for some time after passing of judgment - Looking to the long..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband was able to prove that false FIR was registered by wife against him and his family members and ultimately there was acquittal in the criminal case - Family Court after considering the evidence of husband, AW-2, AW-3 and the judgment of acquittal rightly decided the issue of..........
Special Leave petition -- Civil and criminal proceedings - Exemption from filing certified copy of judgment/order under challenge - Direction issued viz: (i) If any special leave petition, arising out of civil proceedings as well as criminal proceedings, is accompanied by an application for exemption from filing certified copy of the judgment and/or order under challenge,..........
Civil Procedure Code, 1908, Section 13(f) -- Foreign judgment - A foreign judgment violative of Indian Law is not conclusive between parties - Indian Courts are thus, not bound to follow it...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before Judgment - Application for substitution of property - Defendant at the time of filing of written statement offered to substitute the property by another property and also placed on record the evaluation thereof - Evaluation of property offered is not in dispute - Trial Court after being satisfied with the..........
Protection of Women From Domestic Violence Act, 2005, Section 29, Constitution of India, 1950, Article 227 -- Order u/s 29 of PWDV Act - Writ petition - Maintainability - Writ petition u/art 227 of Constitution cannot be preferred against a final order or judgment passed by Sessions Court in an appeal u/s 29 of PWDV Act...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Validity - Accused did not point out the lapses in the sanction order - Accordingly, in absence of any material to show that sanction for prosecution was issued without due application of mind and further in absence of any failure of justice, judgment of conviction cannot be interfered with on the..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Admission when clear and not withdrawn, is a good and material source of evidence to rely upon to decide a fact in issue...........
Civil Procedure Code, 1908, Section 24 -- Transfer of application u/s 12 of PWDV Act from Magistrate Court to Family Court - At the instance of husband - If conflict of judgment on same facts and between same parties is the sole ground of transfer, every transfer petition filed by husband will have to be allowed by Court making choice of wife to Magistrate meaningless -..........
