Civil Procedure Code, 1908, Section 80, Order 7, Rule 11 -- Plaint returned to be filed afresh serving notice under Section 80 CPC - Amounts to rejection of plaint - An appeal lies against such an order...........
Civil Procedure Code, 1908, Section 10, 151 -- Stay of suit under section 10 - Requirement of S.10 not satisfied - Even then Court has power to grant stay under section 151 provided the Court is satisfied that such a recourse is necessary for the ends of justice or to prevent abuse of the process of the Court, and it is not violative of any express and specific provision..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Eviction petition - Subsequent suit for injunction restraining defendant from carrying out any construction or renovation - Compromise - Eviction petition withdrawn and tenant to deliver possession after expiry of certain period - Decree for possession after expiry of said period not beyond ambit of O.23.R.3 - It does not..........
Criminal Procedure Code, 1973, Section 125 -- When husband Proves that he has no means to pay then exercise of power under section 125 (3) is unwarranted...........
Civil Procedure Code, 1908, Section 92 -- Nature of interest contemplated under Section 92 - Must be real, substantive & an existing interest - Remote interest or a contingent interest is not sufficient - Mere residence in the locality and worship in the temple is not sufficient...........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Cheque - Dishonoured - Complaint complying with all the ingredients of Ss. 138 & 142 - Held, there is absolutely no justification for the High Court to exercise powers under Section 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Wife living separately with consent - Under Section 125 Cr.P.C. maintenance cannot be refused even if it may be the case of presumed consent...........
Civil Procedure Code, 1908, Section 115 -- Order refusing to launch prosecution under Section 340 Cr.P.C. - Order is not revisable - Remedy is by way of appeal as provided under Section 341 Cr.P.C. even though order is passed by civil court. (Criminal Procedure Code, 1973, Ss.340, 341)...........
Criminal Procedure Code, 1973, Section 125 -- Husband failing to pay maintenance under an agreement - Amounts to negligence on the part of the husband - Wife is entitled to seek maintenance under Section 125 - Remedy to approach Civil Court for specific performance of agreement is not a bar to claim maintenance under Section 125-If a party approaches Civil Court after..........
Civil Procedure Code, 1908, Section 92, 115 -- Permission granted to file the suit under section 92 - Revision against - Reasons not given for granting permission - Order set aside...........
