Criminal Procedure Code, 1973, Section 313 -- No answer or false answer to incriminating circumstances put to accused u/s 313 Cr.P.C. - Effect - Held, it is obligatory on part of accused while being examined u/s 313 Cr.P.C., to furnish some explanation with respect to the incriminating circumstances associated with him - Court must take note of such explanation even in a..........
Land Acquisition Act, 1894, Section 4, 6 -- Land acquisition - Challenged by some persons - Others cannot take the benefit of the same - Held, relief obtained by some persons, by approaching the Court immediately after the cause of action has arisen, cannot be the basis for other persons who have belatedly filed their petition, to take the benefit of earlier relief..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant suppressed facts from Trial Court and misrepresented Trial Court in the process of seeking relief U.O.9.R.13 CPC - Held, order setting aside ex parte decree is premised on the said suppression or misrepresentation of facts, is vitiated and has therefore to be interfered with by this..........
Civil Procedure Code, 1908, Order 23, Rule 1, Hindu Marriage Act, 1955, Section 13 -- Divorce petition - Permission to withdraw with liberty to file fresh petition - Validity - No reasons are recorded by Family Court for permitting Respondent/husband to withdraw petition with liberty to file a fresh petition - Serious allegations are leveled against appellant/wife - Held,..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Suit for recovery of money - Suit decreed - Delay in filing appeal - Delay condoned with direction to deposit half of the decretal amount and permitted plaintiff to withdraw half of the amount so deposited - Order upheld...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Provision is not applicable to misc. appeal from an interlocutory order passed on the interim injunction application...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit at appellate stage - Dismissal of suit on merits as well non signing of plaint and vakalatnama by plaintiff Nos.3 & 4 - Defect of not signing plaint could be cured in accordance with law - Since the suit was decided on merits as such appellate court gravely erred in permitting plaintiff to withdraw suit..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Defence of accused that cheque was not issued by him for any liability - Failure of accused to prove his defence - Held, order of acquittal liable to be set aside - Respondent/accused guilty u/s 138 of N.I. Act - Sentenced to imprisonment till rising of Court and to pay fine..........
Criminal Procedure Code, 1973, Section 397, 482 -- Revisional jurisdiction - Held, normally Court may not invoke its power under S.482 of the Code where a party could have availed of the remedy available u/s 397 of the Code itself - The inherent powers u/s 482 of the Code are of a wide magnitude and are not as limited as the power u/s 397 Cr.P.C. - S.482 of the Code can be..........
Punjab Panchayati Raj Act, 1994, Section 20 -- Absence in meeting - Suspension of Panch - Validity - Held, Sarpanch or Panch can be suspended or removed on ground that he had absented for more than two consecutive months from meeting of Gram Panchayat - In addition, Officer exercising powers has to see that absence is without reasonable cause - Mere absence cannot lead to..........
