Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Appointment - In revision filed u/art.227 of Constitution, High Court would not interfere with order passed by trial Court either appointing or refusing to appoint a local commissioner - However, if there is no option left but to appoint a local commissioner to determine correctness or otherwise of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 506, 120B -- Second complaint on same subject matter - Complaint u/ss 420, 406, 506, 120-B IPC - Two complaints filed on the same subject matter - In the second complaint pendency of first complaint not disclosed - Prima facie it amounts to abuse of process of Court - However, CJM sent..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Lack of pecuniary jurisdiction - Suit for cancellation of sale deed - Court below not conducted any inquiry as required and mandated u/s 7 of Karnataka Court Fee Act - Defendant on whom onus rests to demonstrate that Court has no pecuniary jurisdiction or Court fee paid is insufficient, has failed to place..........
Criminal Procedure Code, 1973, Section 482 -- Application for acceptance of challan/final report and quashing of FIR - Investigating agency after completion of investigation had filed challan/closure report in Court of Special Judge, but till date no final order is passed - Matter is listed for 14.6.19 - Parties undertake to ensure presence of their respective clients..........
Criminal Procedure Code, 1973, Section 482, 82 -- Proclaimed offenders - Quashing of order - Petitioners willfully absented and deliberately abandoned Court proceedings - No ground made out to quash order...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Summoning record from Bank - Evidence which complainant wants to produce is relevant and necessary for just decision of case - Application u/s 311 Cr.P.C. can be filed at any stage - Court should not go into technicalities of law and should do substantial..........
Civil Procedure Code, 1908, Order 41, Rule 19 - - Non-appearance of counsel of plaintiff, as he noted down the wrong date - It is not the case of plaintiff that he was not interested in pursuing the matter - No person be made to suffer on account of lapse of counsel - Non-appearance cannot be fatal in application for restoration filed U.O.41.R.19 CPC - Court below had been..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Necessary parties are those persons in whose absence no decree can be passed - Proper parties are those persons whose presence before the Court would be necessary in order to enable the Court to decide and adjudicate the lis in an effective manner - Persons strangers to..........
Civil Procedure Code, 1908, Section 11, Foreigners Act, 1946, Section 3 -- Foreigners (Tribunal) Order, 1964, Cl.3 (as amended by Foreigners (Tribunal) Amendment Order, 2012) - Foreigners Tribunal - Opinion/order passed by Registering Authority - Operate as res-judicata...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 82, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender and registration of FIR u/s 174-A IPC - Report of process server that accused has shifted from the address given in the complaint - No evidence that accused was residing at the given address or that..........
