Quash – Private complaint – Ex-employees filed criminal complaint against the company on criminal charges – Magistrate took cognizance – petition for quash dismissed by High court – again filed the again dismissed – Apex court directed to pay the amounts of complainants and set aside the orders of magistrate and quashed the complaint = … Continue reading
Sec.138, 142 N.I.Act Sec.482 Cr.P.C. – Limitation – pending trial – petition for quash of complaint – cheque presented 25/10/08 – bounced 27/10/08 – issued notice 27/10/08 – no reply – again presented 10-11-08 – again bounced 10-11-08 – again issued notice 27-12-08 – filed complaint 07-01-09 – No bar to present the cheque several … Continue reading
Sec.138 ,139 and sec. 118 of N.I.Act – Burden of proof – when the complainant not able to say the date when the amount was given – when failed to produce source of income – when gave contradictory statement about filling of cheque whether by accused or by himself – when there is … Continue reading
Or. 47 rule 1 C.P.C. = Review of it’s own judgement basing on fresh documents & fresh thoughts – not correct – Review of it’s judgement arose only in case of patent errors occurred in earlier judgement but not on fresh out look of the case – High court confirmed the order of lower court when … Continue reading
Jurisdiction of courts under Reg.Trademarks Act & Copy Rights Act = Original jurisdiction Sec. 20 of C.P.C., Or. 2 , rule 3 of C.P.C – where the cause of action arose , there the case has to be filed under Registration of Trademarks Act : Special Jurisdiction under sec.62(2) of Copy Rights Act – Confirming on the … Continue reading
Indian Easements Act, 1882 – s.13(b) – Easement rights – Easement by grant – Suit for declaration of easement rights over `B’ schedule property of the plaint as a pathway to `A’ schedule property of the plaint – `A’ Schedule property had been allotted to plaintiff in terms of a settlement deed – `B’ Schedule … Continue reading
SUIT: Fraudulent suit – Suits for permanent injunction and possession – Based on an earlier compromise decree – Held: All facets of fraud get attracted to the case at hand – A rustic and illiterate woman is taken to court by a relation on the plea of creation of a lease deed and magically in … Continue reading
Court Fees Act, 1870: Filing of plaint – Deficient court fee – Right of defendant to raise objection – Held: Question of court fee is a matter between the plaintiff and the Court – If the Court comes to the conclusion that the court fee paid in the lower court is not sufficient, … Continue reading
COURT FEES ACT, 1870: s.7(iv-A) and Articles 17(iii) as amended by U.P. Act, 19 of 1938 – Suit for declaration of a will and a sale deed as null and void and for cancellation thereof – Court fee payable – Held: The suit having been filed after death of testator, suit property covered … Continue reading
Sec.25,26 and 27 of Consumer Act = Builder failed to provide amenities , Club House etc., and made constructions against the rules of Municipal Nagara Palika – Deficiency in service – consent decree to pay interest on failure to full fill obligations – Executions filed – Appeal lies but not revision – On merits also the builder is at deficiency of service = The State … Continue reading