Stay of execution proceedings -…
Stay of execution proceedings – For applicability of provision of O.21.R.29 CPC, two conditions are to be met: (i) a proceeding in execution of decree of that Court has started at the instance of DH against JD and (ii) suit at the instance of same JD is pending against holder of decree of that Court. […]
Production of documents – ‘Leave…
Production of documents – ‘Leave of Court’ would necessarily mean that a defendant cannot take liberty as a matter of right and Court must assess whether law taken with attendant facts calls for leave or not.
NDPS: Bail – Recovery of…
NDPS: Bail – Recovery of 1 quintal 70 kgs of contraband material – Accused is languishing in jail since 12.7.2019 – Court without expressing any opinion on merits of case, released accused on bail with conditions – Bail granted to accused.
Eviction Petition – Bonafide necessity…
Eviction Petition – Bonafide necessity – Landlord is best judge of his requirement and it is open to landlord to decide as to which premise is more suitable for his requirement – Neither tenant nor Court can dictate to landlord as to which premises would be suitable – Choice is left to landlord to choose. […]
Bail during pendency of appeal…
Bail during pendency of appeal – Offence u/ss 307, 509, 34 IPC – Appeal is registered in the year 2020 – Accused have already served out half of sentence – Court is ready to expedite appeal after receipt of case records – Application rejected. Contact Top Criminal Lawyers for Bail Services in Chennai Tamil Nadu […]
Dishonour of Cheque – Quashing…
Dishonour of Cheque – Quashing of proceedings – Disputed questions of fact – Court in exercise of its inherent jurisdiction is not expected to meticulously analyze facts and evidence, as it is matter of trial to be seen during trial – Issuance of cheque is an undisputed fact – Application for quashing dismissed. Contact Top […]
Provision of O.18.R.17 CPC empower…
Provision of O.18.R.17 CPC empower Court at any stage to recall and examine any witness whose evidence it deems essential for the judicious adjudication of the matter and would be required to clarify on certain issues but at the same time it is to be kept in mind that the same is not a provision […]
Appointment of Commissioner to record…
Appointment of Commissioner to record evidence of plaintiff – Court has power U.O.26.R.4-A CPC to appoint Commissioner for recording evidence of plaintiff – Order allowing application calls for no interference.
Abatement of suit – When…
Abatement of suit – When each of application bring forth a sound explication for the occurrence of the apposite delay thereupon after condoning the apposite delay this Court deems it fit to set aside the order of, abatement of the appeal – Orders for substitution of the deceased by his LRs being made in the […]
Divorce – Divorce sought on…
Divorce – Divorce sought on ground of Desertion only – Court cannot grant divorce on the ground of Cruelty. Search the Best Ranking Divorce Lawyers in Chennai India
