Hindu Marriage Act, 1955, Section 13B, Civil Procedure Code, 1908, Order 23, Rule 3A -- Decree of divorce by mutual consent - Cannot be challenged by way of suit - An application to set aside decree on the ground of any fraud, misrepresentation or coercion, is maintainable before the same court which passed such order or decree but separate suit is not maintainable...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Accused was not physically present on the date of passing impugned order of dismissal of case - Magistrate passed the order of dismissal of case without performing an opinion that there is no good reason to adjourn hearing..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Illustrative circumstances are : (i)) Where Court granting bail takes into account irrelevant material of substantial nature and not trivial nature while ignoring relevant material on record; (ii) Where Court granting bail overlooks influential position of accused in comparison to victim of abuse or..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34 -- Bail - Murder - High Court granted bail to accused without taking into consideration the relevant facts and circumstances and appropriate evidence which proves that accused has been charged with a serious offence - Grant of bail to accused only on the basis of parity shows that order..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 120B -- Interim bail - Cheating - Accused already released on bail in 87 criminal cases - Main allegation against accused in present FIR is that certificates are forged - Further, allegation is that person who had issued certificates was not authorized to issue those certificates - Charge..........
Criminal Procedure Code, 1973, Section 122(1)(b) -- Imprisonment in default of security - Petitioner executed bond u/s 110(e) Cr.P.C for a period of six months - Pending the period of bond petitioner involved in another case and was arrested - Magistrate without issuing any show cause notice and without giving opportunity of hearing to petitioner mechanically passed an..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96 -- Condonation of delay - Delay of 10 years 8 months in filing appeal - Appellate Court condoned the delay without giving notice to plaintiff and without hearing him - Proper procedure for appellate Court to not admit condonation application but to keep it pending and issue a notice upon other side to..........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A, Legal Services Authorities Act, 1987, Section 21 -- Compromise decree passed by Lok Adalat - Decree alleged to be result of fraud practiced by defendants - Terms of decree cannot be avoided unless allegation of fraud is proved - In absence of any conclusive proof as to fraud on the part of objectors, High Court committed..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Status quo order - Both the parties placed reliance on agreements, which are in their possession - Correctness and genuineness of those document requires evidence - Status quo order rightly passed and calls for no interference...........
Civil Procedure Code, 1908, Order 8, Rule 1, Civil Procedure Code, 1908, Order 9, Rule 13 -- Written statement - Once an ex parte decree is set aside parties are relegated to the stage at which they were proceeded exparte and not earlier to that - When the matter before High Court was an order condoning delay and setting aside ex parte decree then observation of High Court..........
