Civil Procedure Code, 1908, Order 13A, Rule 7 -- Conditional order U.O.13-A.R.7 CPC - Sine qua non for making a conditional order U.O.13-A.R.7 CPC is arrival of a conclusion by commercial Court that there is a possibility of claim succeeding...........
Criminal Procedure Code, 1973, Section 432, 433, Indian Penal Code, 1860, Section 302, 307, 394 -- Pre-mature release - Murder - Number of accused found guilty was less than five, thus robbery could not have been termed as dacoity - Accused was neither convicted for offence of dacoity nor having committed dacoity with murder - However, case of accused for his premature..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - No strong and cogent reason to summon accused to face trial in exercise of power u/s 319 Cr.P.C - Court below while allowing the application has failed to record degree of satisfaction which is required to summon an accused u/s 319 Cr.P.C - Order allowing application set aside...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint dismissed in default - Accused was avoiding appearance before trial Court and on some occasions, counsel for complainant was not present - Trial Court has not exercised his discretion judicially and has wrongly rejected the complaint for want of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Trial Court after considering the matter and evidence on record passed a detailed and speaking order recording its satisfaction that a prima facie case is made out and summoned applicant to face trial - Question of theft of cheque..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction and declaration - Respondent is neither necessary nor proper party, as he is stranger to suit proceedings - Nature of suit property can only be decided after recording evidence - Moreover, application U.O.7.R.11 CPC filed by defendants is still pending - Order of allowing..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of judgment and decree during pendency of appeal - Mere filing of appeal would not operate as a stay unless appeal is listed and there is an interim order...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Execution proceedings closed after satisfaction of decree - Objectors sought restoration of execution proceedings for decision of their objections - Objections in the nature of prayers which could be sought in a fresh suit - Order closing execution proceedings, upheld...........
Civil Procedure Code, 1908, Order 26, Rule 9, 10 -- Appointment of Commissioner - As far as possible the procedure be adopted viz. (i) Court may fix the date and time for local inspection, directing parties to be present at the disputed property, to avoid the process of issuance of notice to parties by Court Commissioner; (ii) Court shall also fix the time frame for..........
Criminal Procedure Code, 1973, Section 156(3), 397 -- Revision - Order rejecting application u/s 156(3) Cr.P.C - Revision against such an order is maintainable...........
