Saturday, 26 January 2019

Decree against dead person--Death of defendant pending appeal--An application made for substitution of legal representatives, but no order passed by Court through inadvertence--Decree drawn against dead defendant--Decree executable against legal representatives--It was essentially a technical error--Held, act of court should do no harm to a litigant-- Civil Procedure Code, 1908, Section 47--Civil Procedure Code, 1908, Order 23 Rule 2.      

Written Statement--Acceptance of--Trial Court can accept written statement after 90 days.

Election symbol--A recognized political party would have a right of exclusive use of the symbol but the Symbols Order makes it very clear that such right to use the symbol can be lost with the dismal performance of the party.

Award—Clause in agreement for no increase in price during stipulated time of completion—Delay attributed to company giving contract—Contractor entitled to increase in price after stipulated time.

Criminal Law--Bail--Grant of--Though detailed examination of the evidence and elaborate documentation of the merits of the case is to be avoided by the Court while passing orders on bail applications, yet a court dealing with the bail application should be satisfied as to whether there is a prima facie case, but exhaustive exploration of the merits of the case is not necessary

During pendency of appeal bail allowed in the year 2006--The incident is 30 years old and after being released in 2006 on bail, it will not be proper to send the accused back to jail, more particularly, because nothing has been stated against him regarding his indulgence in any criminal activity--Sentence reduced to already undergone--Penal Code, 1860, Section 326. 

Dishonour of cheque--First notice remained unserved--Second notice after second prosecution, withdrawn as was wrongly addressed--Third notice after third presentation valid--As earlier two notices did not gave any cause of action