CDJ Law Journal

where the landlord/ owner of the property seeks impleadment, the Court is empowered to permit the same exercising the power under Order I Rule 10(2) of Code of Civil Procedure on the premise that the landlord/ owner is a proper party. (CDJ 2023 BHC 1847)

the accused cannot have a judge of his own choice. Simply because some adverse orders had been passed against the accused persons during the course of trial, no presumption or assumption will arise that the judge is seriously prejudiced. The petition deserves no consideration at all and accordingly, it is dismissed. (CDJ 2023 MHC 7011)

Notice issued under section 138 of NI Act will be considered as served when it was returned unclaimed by the postal endorsement.(CDJ 2023 Ker HC 1212)

Appellate Court has the power to entertain an appeal even after the statutory period of 90 days- Courts cannot be mute spectators or helpless and dismiss an appeal, simply because it is filed beyond 90 days, despite sufficient cause being shown, for filing the appeal belatedly.

there is no rules or regulations, nor even, SOP (Standard Operating Procedure) for on-line matrimonial web-site before for hoisting profiles of bride or bridegroom, as the case may be. In most of cases, the victims of this kind of on-line matrimonial fraud are woman. Central or State Government shall take initiation for formulation of rules governing some kind of preventive measure to protect the prospective person for marriage, needs necessary regulation of web-site ensure material facts are not suppressed or omitted at the initial time of initiation of marriage proposal. (CDJ 2023 MHC 5328)

For a lady to travel alone for the proceedings to a Court where the fate of her marriage is going to be decided without any family member would definitely be a matter of concern and cause not only physical inconvenience but also emotional and psychological inconvenience. The Court allowed wife’s Transferred Petition.