Topic
A dismissal of a complaint for procedural default does not extinguish the power to treat a subsequent petition under CrPC s.156(3) as a new FIR, even when the facts are identical. This safeguards complainants by ensuring procedural lapses cannot shield alleged offences.
The Calcutta High Court held that a defendant’s failure to file a written statement, coupled with a jointly signed and confirmed account ledger, extinguishes the right to raise unpleaded defenses - making summary judgment not just permissible but mandatory. This reinforces that procedural compliance is non-negotiable in commercial disputes, especially where financial records are mutually authenticated.
Rajasthan High Court holds that Consumer Commissions cannot dismiss complaints under Section 38(3)(c) of the Consumer Protection Act 1986 without adjudicating merits, as it violates principles of natural justice. The ruling mandates that procedural defaults cannot override substantive rights, ensuring complainants get a fair hearing.