Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of a party - Respondent who impleaded is not any private person who could introduce new defences, except those which were available to existing respondents - Moreover, addition of respondent is only extension of existing respondents to facilitate Court proceedings - No prejudice is caused by..........
Criminal Procedure Code, 1973, Section 173 -- Cancellation report - Rejection of - Police filed cancellation report and Magistrate directed re-investigation - IO conducted investigation again and filed second closure report - Magistrate rejected second closure report merely on basis of earlier order of rejecting first closure report - Order is recorded in a perfunctory and..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306 -- Anticipatory bail - Abetment of suicide - It is not in dispute that there is no suicide note of deceased - No overt act has been attributed to present petitioner to show that petitioner had instigated or aided commission of suicide - FIR has been registered on account of doubt/suspicion and..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 23, Rule 3A -- Rejection of plaint - Compromise/consent decree - Suit to set aside - At the stage of deciding application for rejection of plaint, Court is to see as to whether suit is maintainable in view of O.23.R.3-A CPC and not to consider suit on merits and validity of compromise decree...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Suit to set aside - Party has to approach the same Court, which recorded the compromise decree - Separate suit challenging the consent decree is not maintainable...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 23, Rule 3A -- Rejection of plaint - Compromise decree - Suit to set aside - Suit for the reliefs sought challenging the compromise decree - Not maintainable - Court justified in rejecting the plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Mere clever drafting would not permit plaintiff to make suit maintainable which otherwise is not maintainable and/or barred by law...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 23, Rule 3A -- Rejection of plaint - Compromise decree - Suit to set aside - Plea that relief sought is not to set aside the compromise decree and prayer is that compromise decree is not binding on him - Held, mere clever drafting would not permit the plaintiff to make the suit maintainable..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 341, 323, 324, 354, 506, 34 -- Quashing of FIR - Allegation of beating complainant and his wife and outraging modesty of wife of complainant - FIR cannot be quashed merely on the ground that it was lodged as a counter blast to the complaint of accused against complainant - Allegations whether..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 323, 325, 326, 147, 148, 149 -- Anticipatory bail - Murder - Accused not named in two charge sheets filed - CBI is relying upon statements of five PWs, but statement of two witnesses belatedly recorded and other witnesses not named the accused - Anticipatory bail granted - However, accused..........
