Civil Procedure Code, 1908, Section 151 -- Recall of order - Power u/s 151 CPC can be invoked to do real and substantial justice with parties to the lis...........
Civil Procedure Code, 1908, Section 151 -- Recall of order - Quashing of order granting probate of Will - Order granting probate is a beneficial order for applicants - Applicants were not party in appeal - Order of granting probate has been quashed behind the back of applicants merely on basis of consent given by executor of Will - Applicants were required to be heard..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of election petition - Inherent mistake - Amendment sought involving inherent mistake after 15 days restriction of filing election dispute - Impermissible in law - Order allowing amendment set aside...........
Civil Procedure Code, 1908, Order 8, Rule 9, Constitution of India, 1950, Article 227 -- Additional written statement - Order allowing application for additional written statement - Petition u/art 227 of Constitution - When legislature has left it to discretion of Court to decide on permitting subsequent pleadings U.O.8.R.9 CPC, without any restriction similar to O.6.R.17..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Judicial Magistrate passed order holding that application filed just to delay proceedings - Held, what should be the nature of defense evidence sought to be produced is not a matter which should be left only to the discretion of the Court - It was for the..........
Criminal Procedure Code, 1973, Section 154, 482 -- Two FIR's - Quashing of second FIR - Both the FIRs are filed by same person against same accused in respect of same set of facts and allegations - Second FIR registered nearly four years after registration of first FIR - Challenge to the first FIR pending before High Court - Registration of multiple FIRs is nothing but..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Recourse to successive review petitions against same order is impermissible, particularly when respondents miserably failed to draw attention of Court to any circumstances that would entitle them to invoke review jurisdiction within ambit of Rules...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Discovery of new material - It is imperative for a party to establish that discovery of new material or evidence was neither within its knowledge when decree was passed, nor could the party have laid its hands on such documents/evidence after having exercised due diligence, prior to passing of order...........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Local Commissioner - In case trial Court appoints Commissioner with the purpose to satisfy itself on a certain aspect of the matter, there is nothing wrong in the same and there is no reason to set aside the order - Trial Court while appointing Commissioner cannot be said to have passed the order with a purpose of creating..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 23, Civil Procedure Code, 1908, Section 89, Order 23, Rule 3 -- Magistrate exercising jurisdiction under PWDV Act has power to refer matter before it to mediation applying principles of S.89 CPC, record compromise and pass an order in terms of settlement applying principles of O.23.R.3 CPC...........
