Can a second appeal be filed solely with a prayer to expunge some findings made in the judgment by the First Appellate Court.? Section 100 CPC reads as follows: (1) Save as otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall …
S 100 CPC – Second Appeal To Expunge ‘Adverse Findings’ Read More »
Order XXXVII of Civil Procedure Code deals with summary procedure and the same is applicable to following classes of suits: (a) suits upon bills of exchange, hundies and promissory notes; (b) suits in which the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest, …
A filed a cheque case complaint. The Magistrate issued summons to the accused. As the accused did not appear, a warrant was issued. Months and years passed by, but the accused did neither appear nor was produced before the Magistrate. The question is can the Magistrate proceed ex- parte in this situation? In G.H.Abdul Kadri …
Ex – Parte Proceedings Against Accused In Cheque Cases Read More »
Section 156(3) CrPC is the power of Magistrate to order investigation. In the case of Priyanka Srivastava vs. State of Uttar Pradesh [(2015) 6 SCC 287], the Supreme Court held that there has to be prior applications under Section 154(1) and 154(3) while filing a petition under Section 156(3). It was also observed that the application …
Can S 156(3) CrPC Petition Be Entertained If S 154 CrPC Procedure Is Not Exhausted? Read More »
Recently, in Anupam Ghosh vs. Faiz Mohammed 2022 LiveLaw (SC) 751 , the Supreme Court dismissed a Transfer Petition in which one off the grounds raised by the petitioners was that they are not getting a fair trial and the respondents being local bigwigs are able to influence the local Court. While dismissing the petition, the …
S 25 CPC – Transfer Petitions Casting Aspersions On Courts Read More »
As per section 82(1), if any Court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation requiring him to appear at a …
S 82 CrPC – Proclaimed Offender Or Proclaimed Person? Read More »