Juvenile Justice (Care and Protection of Children) Act, 2015, Section 102, 12 -- Second revision petition - Maintainability - Order rejecting bail - First revision arose from rejection of first bail prayer filed while investigation was pending - No doubt, a second bail prayer may have to be considered on new grounds - But, when second bail application was filed,..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Properties in question are prima-facie residential, commercial and industrial property as such, on the ground that some of disputed property is agricultural, whole plaint cannot be rejected U.O.7.R.11 CPC - Impugned order rejecting plaint, set aside...........
Protection of Children from Sexual Offences Act, 2012, Section 33 -- Cognizance of offence - Once police report in shape of final report submitted by concerned I.O. has been rejected and protest petition preferred at the behest of victim has been allowed, scope available before Special Judge is only to treat the matter as Complaint Case and summoning of applicant might be..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Objectors are not asserting any independent title rather they are admittedly tracing their right and title through their vendor - However, title of vendor is negated judicially - Objectors therefore, steps into the shoes of a person whose claim to title was already judicially negated -..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Suit for specific performance - Ex parte decree - Setting aside ex parte decree - Suit decreed ex parte without framing issues and application U.O.9.R.13 CPC filed within time rejected - Suit for specific performance cannot be decided without framing issues even when written statement is not filed - Ex parte decree set aside..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written Statement - Non filing within time - No good reason assigned for not filing written statement for more than two years after appearance in suit till matter reached the stage of judgment - Application to set aside `no written statement' order, rightly rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of execution petition - Application for amendment rejected on the ground of res judicata without going into merits of case - Order rejecting application set aside - Trial Court directed to consider application after providing an opportunity to all the parties and in accordance with law...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 7, Rule 11 -- Temporary injunction during pendency of appeal filed against order of rejection of plaint - When plaint is rejected, it cannot be said that appeal filed against such an order is continuation of suit - Plaint once rejected, until it is revised/restored, an order of temporary..........
Civil Procedure Code, 1908, Section 15, Order 9, Rule 7 -- Ex parte order - Setting aside - Petitioner was served at the address mentioned in sale deed itself - Substituted service was not shown to be fraudulent - Both courts below have concurrently found no procedural irregularity sufficient to set aside ex parte order in retrospect particularly in light of subsequent..........
Civil Procedure Code, 1908, Order 26, Rule 10A -- Report of second Court Commissioner - Application for appointment of second Court Commissioner filed by defendant was allowed and opinion was given in favour of defendant - Plaintiff filed statement of objections and sought for permission to cross-examine expert - However, plaintiffs did not pay requisite Court fee to..........
