Civil Procedure Code, 1908, Order 32, Rule 1, 3, 4, 6, 7(As -- Person of unsound mind - Sued but not through guardian or next friend - On objection being raised by defendants plaintiff filed an application to implead major son with whom person of unsound mind was residing - Son having no interest adverse to her - Application supported by an affidavit - There is no..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- First appeal - Non-framing of points of determination - It is mandatory for First Appellate Court to frame points of determination while deciding first appeal - Since said requirement of law not fulfilled, as such First Appellate Court has committed illegality in not making compliance of O.41.R.31 CPC - Impugned order not..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860 -- Summoning of additional accused - Material contradictions in the statements of PWs regarding manner in which incident took place - Ex-facie after testing evidence and material available on record is not such which can convince the Court regarding existence of evidence stronger than that required to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, Criminal Procedure Code, 1973, Section 169 -- Negative final report - Trial Court rejecting it and taking cognizance - Recovery of opium - Admittedly, before proceeding for raid, seizure officer did not collect any evidence to give reasonable suspicion that petitioner has dominion over place where..........
Criminal Procedure Code, 1973, Section 482, 190, Indian Penal Code, 1860, Section 420, 467, 468, 120B -- Quashing of order - Order taking cognizance - Cheating - Property dispute - No direct role attributed to petitioner who is merely a lawyer and a family member, which would deprive the complainant of her lawful property rights pertaining to relinquishment deed by husband..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Set aside subject to payment of costs - Costs accepted without protest and no right reserved - Plaintiff is debarred from challenging the order setting aside ex parte decree...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Failure to pay loan amount - Since judgment and decree in civil suit has attained finality between same parties with respect to same transaction and counsel of petitioner has not argued case on merit, plea taken by petitioners in..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 306 -- Summoning of additional accused - Offence u/s 306 IPC - No evidence on record till now that petitioners, on any particular date, time and place harassed the deceased - General allegations against petitioners were levelled by wife of deceased - Mere fact that complainant gave statement to..........
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Quashing of FIR - Dishonour of cheque - Petitioner was declared proclaimed offender, thus FIR u/s 174-A IPC was registered - Petitioner could not appear as notice was not served at the given address, hence, no, appearance of petitioner held,..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Lower Appellate Court decided appeal with consent of counsel of parties in terms of Commissioner's report and map - At this stage, it cannot be said that plaintiff had not given any consent to decide the appeal - Even otherwise, neither plaintiff had filed any complaint against his counsel nor taken any action..........
