Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Specific plea regarding cause action has been raised by plaintiffs - Whether said plea is factually correct or not, cannot be decided at the stage of O.7.R.11 CPC - Same definitely is a matter to be decided after evidence been led qua the same - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Agricultural land - Maintainability of suit before civil Court - Primarily relief prayed for in suit is cancellation of sale deed and declaration is a secondary relief - Plaintiffs have come up with a plea that they are recorded khatedars of land in question - They definitely did not require any..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Indian Penal Code, 1860, Section 420, 406 -- Anticipatory bail - Cheating - Complainant himself requested for referral of dispute to meditation and even participated in the process - No objection was taken from prosecution side for said referral - Even more than 50% of settled amount has been paid back by accused to..........
Criminal Procedure Code, 1973, Section 482, 362 -- Recall of order - Rectifying an inadvertent error by recalling relevant portion of order does not amount to exercising power of review, rather constitutes a legitimate exercise of Court's inherent authority to correct accidental or clerical mistakes in order to prevent miscarriage of justice...........
Criminal Procedure Code, 1973, Section 482, 362 -- Recall of order - Recall does not involve a re-evaluation of merits of case nor does it amount to a judicial reconsideration of conclusions previously arrived at - Rather, it is invoked in circumstances where order of Court has been affected by an inadvertent procedural irregularity, accidental omission, clerical lapse or..........
Criminal Procedure Code, 1973, Section 482, 362 -- Recall of order - Exercise of recall does not partake the character of appellate or review jurisdiction - Rather, it constitutes a limited corrective authority inherent in every Court of record enabling it to rectify accidental errors and procedural aberrations so that judicial record may accurately mirror the true..........
Civil Procedure Code, 1908, Order 41, Rule 11 -- Appeal - Dismissal at admission stage - O.41.R.11 CPC provides for power to dismiss appeal without sending notice to lower Court - Thus, necessity is of admission of appeal...........
Criminal Procedure Code, 1973, Section 82, 83 -- Proclaimed offender - Power to declare an accused as absconding is not merely administrative in character but is imbued with serious legal consequences and therefore its invocation must be preceded by demonstrable adherence to safeguards envisaged under Cr.P.C...........
Criminal Procedure Code, 1973, Section 82, 83 -- Proclaimed offender - Record prima facie does not reflect that all reasonable and efficacious steps to secure presence of petitioner were exhausted before resorting to proceedings u/ss 82, 83 Cr.P.C. - Petitioner shall present himself before trial Court and seek bail and upon appearance of petitioner, proceedings initiated..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Earning wife - Mere fact that wife is earning is not a valid ground to reject her claim for maintenance...........
