Civil Procedure Code, 1908, Section 115 -- Revision - Dismissal of application for condonation of delay in filing first appeal - Application for condonation of delay dismissed, consequently appeal is barred by time and thus, also dismissed - Decree sheet be prepared accordingly - Once decree sheet has been prepared, defendants cannot merely challenge order dismissing their..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 101, West Bengal Premises Tenancy act, 1956, Section 13 -- Eviction order - Execution of - Objection by vendee - Suit property originally leased to partnership firm - Eviction order passed against partnership firm - Vendee purchased business of firm with all its assets and liabilities after eviction order -..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Recovery suit - Claim of plaintiff is based on promissory note - Acute financial embarrassment is being faced by defendant, as three loans having been availed from three different quarters running into enormous amount after date of execution of promissory note - There are thus, reasonable grounds..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Material available on record make out a prima facie case against accused at this stage - There appear to be sufficient ground for proceeding against accused - Pure questions of fact arises in the application which may be..........
Criminal Procedure Code, 1973, Section 173(8), Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Further investigation - Final report on basis of dying declaration - Plea that dying declaration was manufactured and frivolous and that there was no dying declaration of deceased - This fact not investigated by I.O. - Final report..........
Criminal Procedure Code, 1973, Section 273 -- Recording of evidence in presence of accused - Non-compliance of - Murder case - PWs were examined in absence of accused and on those dates no specific reasoned order was passed by Trial Court for the same - Pleader of accused not gave any version or statement that he was authorized by accused to examine witnesses in his..........
Constitution of India, 1950, Article 227, Civil Procedure Code, 1908, Order 21, Rule 37, 40 -- Execution proceedings - Issuance of warrants - Suit for Recovery of maintenance - Challenging legality of orders - Warrants of imprisonment were executed without effective show cause and hearing - Therefore, these orders were ex-parte and were pronounced in defiance of the..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for mandatory injunction - Suit property pertains to a passage/street which plaintiffs claim to be their exclusive street - Whereas, original defendant and added defendants both are claiming said street to be a public passage - Although said question is a matter to be decided by trial Court on..........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Appointment of Commissioner - Suit for permanent injunction - Actual status of suit land is not available on record - It is thus, necessary to appoint commissioner - Trial Court while directing Commissioner to make inspection and file report alongwith coloured photographs specifically directed that Commissioner would not..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Formal defect - Non pleading of facts in the plaint - Not a formal defect - Order allowing withdrawal of suit set aside...........
