Civil Procedure Code, 1908, Order 37, Rule 4 -- Summary suit for recovery - Ex parte decree - Setting aside - Defendants contended that they did not receive suit summons and their father died much prior to date of statement of account on which suit was filed - Statement of defendants in their affidavit filed in support of application filed for setting aside ex parte decree..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - For quashing proceedings, meticulous analysis of factum of taking cognizance of an offence by Magistrate is not called for - Appreciation of evidence is also not permissible in exercise of inherent powers - If allegations set out in complaint do not constitute offence of which cognizance has been..........
Civil Procedure Code, 1908, Section 10 -- Stay of proceedings in subsequent suit - Two different suits filed in different jurisdiction for same estate - Suit at Ambala seeks decree of mandatory injunction directing petitioner to vacate suit premises and hand over its possession on basis of oral family settlement in 1998 whereas suit at Meerut seeks partition of entire..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for recovery of Rs.63.41 lakhs - As per direction of Supreme Court defendant deposited a sum of Rs.70 lakhs - Defendant has shown his bona fide by depositing said amount - Without going into merits of case, with a view to afford an opportunity of hearing to defendant in suit, ex parte..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 33, Rule 1 -- Application by defendant for amendment of reply to application U.O.33.R.1 CPC filed by plaintiff has been dismissed - Amendment sought to be incorporated has been extracted in order which reveals that it is explanatory as after certain paragraph, word to word was sought to be..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Offence u/s 15 NDPS Act - Default bail granted as FSL report not filed within 180 days - Condition imposed that accused shall be taken into custody on receipt of FSL report - Condition set aside - Bail will remain in force unless accused commits default in the..........
Criminal Procedure Code, 1973, Section 116(6), 111, 107, 150 -- Enlargement of time for inquiry - Inquiry u/s 111 Cr.P.C - Proceedings u/s 107, 150 Cr.P.C - Provision contained in S.116(6) Cr.P.C is mandatory not directory and inquiry is required to be completed within 6 months - Incomplete inquiry can be continued only if Magistrate passes an order extending period with..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Neither FIR nor charge sheet mention the name of appellants - Complainant mentioned the names of appellant for first time in High Court that too without any substantive evidence - Impugned order of High Court to summon additional accused, not justified, hence set aside - Appeal allowed...........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Abetment to suicide - Quashing of charge - From perusal of FIR, suicide note and report u/s 173 Cr.P.C., no ingredients of offence punishable u/s 306 IPC are made out - No evidence or positive act to suggest that petitioners abetted deceased in any manner to instigate him in committing..........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Person of unsound mind - Appointment of guardian - Enquiry U.O.32.R.15 CPC not conducted by Family Court before taking a decision that respondent was not suffering from any mental illness or mental infirmity - It is not known on what basis Court below has reached such a conclusion - There is nothing to indicate that Family..........
