Limitation Act, 1963, Section 12(4), Article 76, Civil Procedure Code, 1908, Order 7, Rule 1 -- Malicious prosecution - Suit for damages - Limitation prescribed is one year - Exclusion of time in legal proceedings - Order of acquittal passed on 23.04.2014 and suit for compensation instituted on 23.06.2015 - Nothing on record in regard to the time consumed in obtaining..........
Criminal Procedure Code, 1973, Section 190, 173 -- Cognizance of offence - Rejection of final report - Magistrate while dealing with final report in a criminal case is not competent to take into consideration extraneous material at the time of taking cognizance straightaway on protest petition without following procedure prescribed under Chapter XV Cr.P.C. - Evidence which..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and daughter - Husband failed to appear before Family Court to defend proceedings on more than one occasion - He failed to cross-examine applicants and did not lead any evidence on his own behalf - Trial Court made an objective assessment of evidence available on record while quantifying maintenance to the..........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Decree to hand over vacant possession of premises - Defendant was directed to pay mesne profits of Rs.7000/- per month as use and occupation charges till delivery of possession - In an appeal order as to status quo as regards possession was passed - Defendants enjoying premises without paying a single penny to plaintiff..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Factum of loss of cheque cannot be determined at stage when evidence is yet to come - Order passed by Court below does not suffer from any illegality or infirmity - Proceedings cannot be quashed...........
Civil Procedure Code, 1908, Order 26, Rule 10, 12, 14 -- Distinction between Order 26.Rr.10, 12 & 14 - While Commissioner contemplated U.O.26.Rr.10,12 are those appointed during the trial of suit whereas Commissioner U.O.26.R.14 is one appointed after passing a preliminary decree in partition...........
Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C are subservient to adjudication by civil Court - If civil suit is pending, Executive Magistrate normally should not initiate proceedings u/s 145 Cr.P.C and relegate parties to file an application before civil Court in a pending suit particularly when in civil suit such order as may be necessary can be..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Recovery suit for money based on promissory notes - Case was at the stage of trial - Defendants have taken a defence that they had a financial transaction only with proposed third defendant and a blank promissory note was given to him and same is misused by plaintiff - However, defence taken by..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party on the basis of some assertions in plaint against them - However, no relief claimed against them - Plaintiff directed to delete such assertions - Order allowing impleadment set aside...........
Criminal Procedure Code, 1973, Section 190(1)(a) -- Cognizance of offence - Complaint filed otherwise than on a police report - Order sheet of Magistrate, summoning the accused must show that she has applied her mind to allegations - However, Magistrate need not pass either a detailed and elaborative order or write the words `cognizance taken' - Stage of taking cognizance..........
