Civil Procedure Code, 1908 O.3 R.1--Vakalatnama-- (i) Order III Rule 4, once the counsel gets power of attorney/authorisation by his client to appear in a matter, he gets a right to represent his client in the Court and conduct the case. (ii) Though Order XXIII Rule 3 of the CPC requires a compromise to be in writing and signed by parties, the signature of the advocate/counsel is valid for the said purposes. Y. Sleebachen Etc. v. Superintending Engineer WRO/PWD & Anr. : 2014(4) Law Herald (P&H) 3264 (SC) O.6 R.17--Amendment of Pleadings--Merely because the plaintiff is prosecuting his cause very slowly is no ground to reject the amendment sought for by the suitor. Surinder Singh v. Nirmal Singh & Ors. : 2014(4) Law Herald (P&H) 3355 O.23 R.1--Withdrawal of Suit--Plaintiff withdraw the suit at appellant stage, when the trial court had dismissed the suit--Fresh suit on same cause of action is not permissible--Trial court erred in relying on S. 107(2) CPC as giving it a blanket authority to act beyond the principles of O.23 R.1 CPC. Kamlesh alias Meena (Smt.) v. Smt. Santosh Mohindroo : 2014(4) Law Herald (P&H) 3132 O.41 R.27--Additional Evidence at appellate stage--When the said documents were rejected to be taken on record by the trial court and the said rejection had been affirmed by the High Court, it is extremely difficult to put the case under Order 41 Rule 27 to suggest that it is necessary to take the documents on record in the interest of justice. Surjit Singh & Ors. v. Gurwant Kaur & Ors. : 2014(4) Law Herald (P&H) 3449 (SC) Criminal Procedure Code, 1973 S.82 & 482--Proclaimed Offender--Quashing--Order declaring petitioners as proclaimed offenders not to be set aside merely on cancellation report by police especially when there has been defective investigation. Jatinder Mohan @ Kukoo Pardhan & Ors. v. State of Punjab : 2014(4) Law Herald (P&H) 2967 Ss.228 & 482--Framing of Charge--Appeal against--There is no allegation that S.226 and S.227 were not followed before framing of charge--No allegation that opportunity of hearing was not given--Appeal dismissed. Dinesh Tiwari v. State of Uttar Pradesh & Anr. : 2014(4) Law Herald (P&H) 2921 (SC) S.311--Recalling of witness--If witness is recalled once he can be recalled further also--S.311 Cr.P.C. does not put any such limitation on the court.. Mannan Sk & Ors. v. State of West Bengal & Anr. : 2014(4) Law Herald (P&H) 2904 (SC) S.438--Cruelty to wife--Anticipatory Bail--Mere joining of investigation will not ipso facto confer a right upon the petitioner to grant him the concession of pre-arrest bail--Dowry Prohibition Act, 1961, S.3--Indian Penal Code, 1860, S.498-A. Ullas Kapoor v. State of Punjab : 2014(4) Law Herald (P&H) 2953 Haryana Urban (Control of Rent and Eviction) Act, 1973 S.13--Eviction--Jurisdiction--Held; That if a suit is filed, for seeking eviction of the tenant and recovery of rent, before the Civil Court during the period of exemption in terms of Section 1(3) of the Act and during the pendency of the suit exemption period expires, the rights of the parties to the suit would be seen on the date on which the suit was filed, for the purpose of decreeing the suit, meaning thereby the Civil Court would continue to have the jurisdiction to try the suit to its logical end. Dhir Global Industries Pvt. Ltd. (M/s) v. Gajraj Singh : 2014(4) Law Herald (P&H) 2942 Indian Penal Code, 1860 S.323--Grievous Hurt--Quashing--Accused drove motorcycle at high speed in restricted area, threatened the railway staff and fled--The Station Master while making complaint to the police was merely acting on behalf of the railways--He would, thus, have no authority to enter into compromise with the accused thereafter--He loses the locus standi to enter into compromise with the accused--No ground for quashing of FIR--Criminal Procedure Code, 1973, S.482. Harpreet Singh & Anr. v. State of Punjab & Anr. : 2014(4) Law Herald (P&H) 2975 S.376(2)(g)--Gang Rape--Quashing--Acquittal of co-accused--Accused succeeded in evading arrest; never faced investigation and trial were declared proclaimed offender--Sought quashing of FIR qua them on the ground that co-accused has been acquitted--Plea deserves to be out-rightly rejected as they shown complete disregard for process of law--Moreover, acquittal of co-accused is not per se a ground for acquittal--Criminal Procedure Code, 1973, S.482. Munfed v. State of Haryana : 2014(4) Law Herald (P&H) 2970 Punjab Security of Land Tenures Act S.5A--Surplus Area--Determination of--Big land owner did not make declaration under Punjab Law but gave declaration only after coming in force of Haryana Act--Tenant’s permissible area would be calculated as per Act of 1972 and allotment would be as per 1976 Scheme--Haryana Ceiling on Land Holdings Act, 1972, S.9. Sohan Lal son of Khirja v. Financial Commissioner and Secretary to Government, Haryana, Revenue Department, Chandigarh : 2014(4) Law Herald (P&H) 2954 Punjab State Section Commission Act S.66--Recounting of votes--Merely because the election petitioner made a compliant three days after the event is not sufficient to order the re-count--Punjab Panchayat Election Rules, 1994, R.34. Deepak Sharma v. Hardeep Kaur & Ors. : 2014(4) Law Herald (P&H) 2982
Posted on: Sat, 04 Oct 2014 11:30:40 +0000
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