Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Accused obtained order of default bail by deliberately misrepresenting facts - Order recalled...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - To incorporate a fact known to plaintiff prior to filing of suit - Suit filed mainly on the basis of long drawn possession and now plaintiff wants to incorporate pleadings of some other survey number on the basis of some order passed by the then Tahsildar declaring his father as Bhumiswami - It may alter..........
Criminal Procedure Code, 1973, Section 125, Indian Penal Code, 1860, Section 191, 193 -- Maintenance - False evidence - Wife filed petition for maintenance stating that she has no source of income or property and is unable to support herself - In fact wife was employed - Wife stating that when she instructed her counsel to file petition for maintenance she was unemployed -..........
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...........
