Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Suit for declaration - Matter of Court fee is between plaintiff and Court and in case at the time of final adjudication if Court fees is found to be deficit, plaintiff can always be asked to make good the Court fees - Trial Court committed error by treating suit in question for..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Parties have resolved to settle dispute inter se amicably - Accused has deposited Rs.5 lakh with trial Court in terms of order of Court - Entire amount of compensation stands paid to complainant - Prayer for compounding of offence can be accepted even after recording of..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Parties have resolved to settle dispute inter se amicably - Accused has deposited Rs.5 lakh with trial Court in terms of order of Court - Entire amount of compensation stands paid to complainant - Prayer for compounding of offence can be accepted even after recording of..........
Insolvency and Bankruptcy Code, 2016, Section 9, 62 -- Barred by limitation - There existed a `pre-existing dispute' between the parties there cannot be an order of remand of the matter to the Tribunal for reconsideration of Section 9 application under IBC - When the matter was remanded for consideration of the question of limitation afresh - Thus, the dismissal of the..........
Insolvency and Bankruptcy Code, 2016, Section 9, 62 -- Barred by limitation - There existed a `pre-existing dispute' between the parties there cannot be an order of remand of the matter to the Tribunal for reconsideration of Section 9 application under IBC - When the matter was remanded for consideration of the question of limitation afresh - Thus, the dismissal of the..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Granted with conditions : (i) Deposit of fine amount of Rs.One lakh; (ii) Surety of one lakh; (iii) Two bail bonds of Rs.Fifty thousand each - Bail granted with excessive conditions amount to refusal to grant bail - Bail order modified - Bail to continue but conditions for..........
Criminal Procedure Code, 1973, Section 438, 82, Indian Penal Code, 1860, Section 306 -- Anticipatory bail - Abetment of suicide - A person against whom a warrant is issued and is absconding or concealing himself in order to avoid execution of warrants and proceedings u/s 82 Cr.P.C. initiated against him, is not entitled to relief of anticipatory bail...........
Criminal Procedure Code, 1973, Section 125, 128, Family Courts Act, 1984, Section 18 -- Maintenance order - Enforcement - Petition to execute an order granting maintenance allowance can be filed before Court which passed it and order can be enforced by any Family Court within whose jurisdiction respondent is or whereto, he had shifted `his stay' on account of his change of..........
Criminal Procedure Code, 1973, Section 125, 128, Family Courts Act, 1984, Section 18 -- Maintenance order - Enforcement - An order granting monthly maintenance allowance or monthly allowance for interim maintenance may be enforced by any Magistrate within whose jurisdiction respondent may be, provided Court is satisfied about identity of parties and non payment of..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Disobedience of interim stay order - Application U.O.39.R.2-A CPC filed during pendency of suit - Suit decreed - Application deserves to be decided on merits and cannot be disposed of as having become infructuous...........
