Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Purchaser of part of property from one of the co-sharers - Purchaser of an undivided share in the coparcenary/joint property is entitled to bring a suit for partition - Such purchaser allowed to be impleaded as a party to the proceedings - Order calls for no interference...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Erroneous order cannot be reheard or corrected or set aside by invoking review jurisdiction - A review can only lie on the grounds mentioned in O.47.R.1 CPC...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 201, 34 -- Bail - Murder - Bail granted by High Court by passing a very cryptic and casual order, de hors cogent reasoning - Court though not to engage in an elaborate discussion on merits of the case but in the instant case bail granted by not taking not account even a single aspect of the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 20(b)(ii)(c), Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Notice of application for extension of time to submit charge sheet u/s 36-A(4) of NDPS Act - Accused being produced before Court on the date of filing of application for extension or on the date of any order being passed..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Disobedience of interim injunction - Purpose of O.39.R.2-A CPC is not punitive to impose penalty for default but to implement interlocutory order - Since there is no loss and injury which has come across to any party before Court or pointed out during the course of arguments, impugned order of dismissing application..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 43 -- Rejection of plaint - Refusal to reject plaint - Order is not a decree - Appeal thereagainst does not lie...........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - Refusal to entertain plaint by rejecting the same on any of grounds U.O.7.R.11 CPC, is not an order disposing suit on preliminary point - Therefore, in setting aside said order and directing trial of suit on merits, appellate Court does not exercise power U.O.41.R.23 CPC...........
Criminal Procedure Code, 1973, Section 111, 110(G) -- Notice u/ss 111, 110 Cr.P.C - Order contemplated u/s 111 Cr.P.C requires application of mind and has to be prepared and drawn up cautiously and carefully in compliance with provisions of S.111 Cr.P.C and order must contain reasons of Magistrate's satisfaction...........
Criminal Procedure Code, 1973, Section 111, 110(G) -- Notice u/ss 111, 110 Cr.P.C - Substance of information is the matter for issuance of show cause notice - If substance of information is not given in the order u/s 111 Cr.P.C, person against whom order has been made may remain in confusion and may not be able to give explanation...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Appeal against order granting bail - Factors which ought to have been considered while granting bail, not considered - There are allegations that family of deceased had been threatened on behalf of respondent No.2 - Bail granted to respondent No.2 is liable to be set aside...........
