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 14, Rule 5 -- Non-framing of specific issue - If there are pleadings with regard to any specific aspect, evidence was adduced by parties qua that and it was argued and examined by Court taking into consideration the material on record, non-framing of specific issue on that aspect cannot be held to be fatal to proceeding as no prejudice is..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 258 -- Dishonour of cheque - Dropping of proceedings where an appropriate amount is offered/deposited, which in the opinion of Court is appropriate for duly compensating the complainant, without obtaining direct consent of complainant - Court is empowered to apply its discretion in terms..........
Custody of Child -- Claimed by father - Writ of habeas Corpus - Custody of child is handed over to mother in compliance of compromise arrived at between parties in proceedings u/s 125 Cr.P.C. with visitation rights to father - Admittedly, father has been deprived access to his child during summer vacations - Directions issued regarding visitation rights of father...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail granted to accused two years ago - After two years of passing of order granting bail, if an order for cancellation of same is passed, it may re-ignite the rift and acrimony between parties - Moreover, there is no complaint of abusing the liberty so granted to accused - It is thus, not appropriate..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Testimony of eye witnesses - Testimony of eye witnesses recorded after gap of four years - Minor contradictions or variations are normal - Trial Court erred in basing acquittal of accused on these immaterial inconsistencies more particularly when factum of dispute between parties was even..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Proceedings should not be quashed when parties are at variance over a question of fact as it would result in injustice to complainant - Petition for quashing dismissed...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by husband - Evidence led by husband is uncontroverted - Parties are living separately since long - There has been a complete breakdown of marriage - Decree of divorce granted...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Trial Court while dismissing the application has given thoughtful consideration to rival contentions raised by parties as also facts of case and rightly exercised its discretion while deciding the application - Appeal against the same is dismissed - Both the orders do not suffer from any illegality..........
Arbitration and Conciliation Act, 1996, Section 11(6), (6A) -- Appointment of arbitrator - Pre-referral jurisdiction of Courts u/s 11(6) of the Act is very narrow and inheres two inquiries i.e. : (i) primary inquiry is about existence and validity of an arbitration agreement, which also includes an inquiry as to parties to agreement and applicant's privity to said..........
