Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for cancellation of sale deed on the ground of fraud and misrepresentation - Plaint rejected by holding that dispute between parties involve adjudication of question of title in respect of agricultural land - Held, a suit for cancellation of sale deed is cognizable before civil Court as per..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Court either on its own or on an application filed on behalf of any party including an accused, since before, would pass an order relating to S.319 Cr.P.C. and there happens to be no clutch prescribed therefore...........
Civil Procedure Code, 1908, Section 34 -- Interest on delayed payment of gratuity - Award of 12% interest - Interest is compensatory in nature - Court is not bound to direct payment of interest restricted at the rate of interest indicated in S.34 CPC - Merely because appeal arises out of a civil suit does not mean that Court cannot go beyond 6% interest - If ceiling is..........
Criminal Procedure Code, 1973, Section 468, Essential Commodities Act, 1955, Section 3(2)(h)(i), 7(1)(a)(i) -- Cognizance of offence - Limitation - Offence u/ss 3(2)(h)(i), 7(1)(a)(i) of Act of 1955 - Admittedly, date of occurrence is 18.12.2008 - Photo-copy of order sheet shows that final form was submitted on 4.7.2011 and cognizance was taken on 12.6.2013 - Hence,..........
Indian Penal Code, 1860, Section 420, 406, Tamil Nadu Protection of Interests of Depositors (In Financial Establishments) Act, 1997, Section 3, 5, Criminal Procedure Code, 1973, Section 482 -- Cheating by financial institution - Default in return of deposit - Quashing of order of attachment of immovable properties of partner of financial institution - Application for - As..........
Criminal Procedure Code, 1973, Section 311, 315, 391 -- Calling of witnesses in appeal - Additional evidence can only be allowed to be taken if the Court feels that recording thereof is essential for just decision of the case - Dismissal of application by holding that evidence of such witnesses was not at all essential for just and correct decision of the case but rather..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 421(1) -- Dishonour of cheque - Conviction - Order to pay compensation with default clause to undergo imprisonment - Compensation not paid and default sentence undergone - Held, even though default sentence has been suffered, yet compensation is recoverable in the manner provided u/s..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 306, 148, 149 -- Summoning of additional accused - Statement of PWs not giving rise to any prima facie material which would create reasonable prospectus of conviction of petitioners or would provide material to form higher degree of satisfaction, than prima facie case required for summoning of..........
Criminal Procedure Code, 1973, Section 156, 154 -- Complaint u/s 156(3) Cr.P.C. - Lodging information with police u/s 154(1) and in case of inaction then reporting matter to SSP concerned, is obligatory for complainant, for passing of an order u/s 156(3) Cr.P.C...........
Civil Procedure Code, 1908, Order 43, Rule 1, Civil Procedure Code, 1908, Order 7, Rule 10, 11 -- Rejection of plaint - Appeal U.O.43.R.1 CPC - Not maintainable - Appeal provided U.O.43.R.1 CPC is only against order of return of plaint passed U.O.7.R.10 CPC and not against order U.O.7.R.11 CPC...........
