Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Judicial Magistrate passed order holding that application filed just to delay proceedings - Held, what should be the nature of defense evidence sought to be produced is not a matter which should be left only to the discretion of the Court - It was for the..........
Criminal Procedure Code, 1973, Section 154, 482 -- Two FIR's - Quashing of second FIR - Both the FIRs are filed by same person against same accused in respect of same set of facts and allegations - Second FIR registered nearly four years after registration of first FIR - Challenge to the first FIR pending before High Court - Registration of multiple FIRs is nothing but..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Recourse to successive review petitions against same order is impermissible, particularly when respondents miserably failed to draw attention of Court to any circumstances that would entitle them to invoke review jurisdiction within ambit of Rules...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Discovery of new material - It is imperative for a party to establish that discovery of new material or evidence was neither within its knowledge when decree was passed, nor could the party have laid its hands on such documents/evidence after having exercised due diligence, prior to passing of order...........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Local Commissioner - In case trial Court appoints Commissioner with the purpose to satisfy itself on a certain aspect of the matter, there is nothing wrong in the same and there is no reason to set aside the order - Trial Court while appointing Commissioner cannot be said to have passed the order with a purpose of creating..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 23, Civil Procedure Code, 1908, Section 89, Order 23, Rule 3 -- Magistrate exercising jurisdiction under PWDV Act has power to refer matter before it to mediation applying principles of S.89 CPC, record compromise and pass an order in terms of settlement applying principles of O.23.R.3 CPC...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of a witness on the ground that some material questions remained to be put to witness - Application bereft of any reasons as to why and what questions remained to be put to the witness - Such application is nothing but an endeavour to fill in lacuna in the evidence - Application cannot be allowed merely..........
Criminal Procedure Code, 1973, Section 145 -- Order of attachment - Revision - Revisional Court while dismissing revision was not justified in pronouncing upon merits of case much less making observation that order of attachment is interlocutory order against which revision was not maintainable - Direction issued to trial Court to conclude proceedings u/ss 145, 146 Cr.P.C...........
Civil Procedure Code, 1908, Order 11, Rule 14, 21 -- Production of documents - Non-compliance of order - Order does not come under the purview of O.11.R.21 CPC - It is adverse inference which can be drawn in proper cases but Court cannot substitute the exercise of jurisdiction U.O.11.R.21 CPC either to strike off the defence or to dismiss the suit...........
Criminal Procedure Code, 1973, Section 386 -- Appeal against conviction - Enhancement of sentence - Notice to accused is required to be given by High Court before enhancing sentence - Impugned order set aside...........
