DAILY LEGAL UPDATES

DAILY  LEGAL UPDATES

Appointment of local commissioner - Appointment made to ascertain whether defendants have encroached upon suit property and raised a wall and installed a gate during pendency of suit - Order as to appointments of commissioner calls for no interference. (P&H)

Dishonour of cheque - Dismissal of complaint in default - Restoration - Complaint dismissed for want of prosecution only for single default - Justice demands its restoration and decision on merit - Impugned order set aside - Complaint restored. (P&H)

Offence u/s 211 IPC - Complaint qua alleged offence can only be filed by Court in writing, as offence u/s 211 IPC falls u/s 195(1)(b)(i) Cr.P.C - Petitioner thus, cannot be prosecuted in a complaint filed by SHO of Police Station who is a public servant. (Rajasthan)

Review - Discovery of new facts - If review is on discovery of new matter or evidence and it is cause for filing such application, strict proof of such statement is a condition precedent. (Manipur)

Wrong provision of law - Merely because a wrong provision of statue is quoted in petition or suit, Court cannot dismiss the same. (Bombay)

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