Civil Procedure Code, 1908, Order 9, Rule 8, 9 -- Restoration of suit dismissed in default - Non revealing of source of information regarding dismissal of suit - A litigant who does not state exact date of knowledge and source of knowledge regarding passing of an order, and in cases where there is no other material found from record to arrive at a conclusion regarding..........
Criminal trial -- Disciplinary and legal proceedings - Special Court while acquitting respondents under NDPS cases held that petitioner and other individual had committed irregularities while discharging official duties as public servant and directed Director General of Police to initiate appropriate proceedings against them u/O.35.R.6 of General Rules (Civil and..........
Civil Procedure Code, 1908, Section 24 -- Transfer of petition filed u/s 12 of Hindu Marriage Act - Wife has been residing separately and depending upon mercy of her parents at Rajahmundry - She has instituted two criminal cases against husband in Rajahmundry and also filed a Domestic Violence Case and same are pending for adjudication and husband also attending the Court..........
Indian Penal Code, 1860, Section 405, 406, 415, 417, 418, 420, 504, 506, 384, 120B, 34 -- Quashing of the FIR - In the absence of the element of criminality, if both civil and criminal cases are allowed to continue, it will definitely amount to abuse of the process of the Court, which the Courts have always tried to prevent by putting a stop to any such criminal..........
Civil Procedure Code, 1908, Order 21, Rule 32, 33 -- Execution - Decree of restitution of conjugal rights - It is not necessary for wife/DH to establish that there is willful disobedience of decree on the part of husband/JD - Court gets jurisdiction to pass a direction for periodical payments when JD fails to obey decree within time limit provided - If no such time limit..........
Indian Penal Code, 1860, Section 498A, 34, Dowry Prohibition Act, 1961, Section 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss. 498-A, 34 IPC and 4 DP Act - Quashing of complaint - General allegations - Complainant apart from making bald allegation that co-accused were acting at behest of accused 4, failed to provide any material to connect Accused 4 with..........
Civil Procedure Code, 1908, Order 7, Rule 11(a), (d) -- Rejection of the plaint - The plaint are to be considered under O.7.R.11 CPC - While it is true that the defendant's defence is not to be considered at this stage, this does not mean that the court must accept patently untenable claims or shut its eyes to settled principles of law and put the parties to trial, even in..........
Mutation -- On basis of un-probate Will - Mutation cases in the areas inside State of Odisha, those were coming under ex-princely State on basis of un-probated Wills are entertainable by Revenue Authorities and Tahasildars - But, if after initiation of mutation proceedings on basis of un-probated Wills, any dispute either in respect to genuineness of such un-probated..........
Mutation -- On basis of un-probate Will - Directions issued to Revenue-cum-Tahasildars relating to mutation of records on basis of un-probated Wills in Gadajat areas of State of Odisha (those were under ex-princely State, viz. (i) Revenue Authorities including Tahasildars and others, those are dealing with mutation cases in areas inside State of Odisha (those were under..........
Civil Procedure Code, 1908, Order 22, Rule 10A -- Death of party - Duty is cast upon pleader to intimate Court about death of party as per O.22.R.10-A CPC - Once court is informed by pleader of a party that he is no more, Court `shall' notify opposing party of death - However, when information regarding party's death is conveyed to Court in presence of opposing party's..........
