Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Plaintiff asserted that when family settlement was not acted upon by defendant he filed suit for partition - Trial Court observed that this can be decided only after parties adduce evidence and dismissed the application - Order upheld...........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Cancellation of bail granted in an offence u/s 376 IPC and S.6 of POCSO Act - Where victim is minor, grounds of love affair between parties and refusal to marry are circumstances which will have no bearing for grant of..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21(5) -- Proviso, 40(2) - Amendment of plaint - Suit for specific performance, mandatory injunction and possession - Ss.21(5) Proviso, 40(2) of Specific Relief Act entitles plaintiff to seek amendment for claiming compensation or damages, as the case may be, at any stage of proceedings and in..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - A suit is not maintainable for enforcing directions issued in a writ petition - When plaintiff already secured directions in the order in the writ, a further proceeding in the form of suit does not lie - Order dismissing application filed U.O.7.R.11 CPC set aside...........
Criminal Procedure Code, 1973, Section 438 -- Item No.22 in the list of Constitution Scheduled Caste and Scheduled Tribe Order amendment Act 1976 - Grant of bail - Applicability - State issued notification by which Petitioners were constrained to seek anticipatory bail on the ground that they come under provisions of 1989 Act - Lohar is not same as Lohara - Including..........
Criminal Procedure Code, 1973, Section 173(2), 173(8) -- Final report u/s 173(2) Cr.P.C and supplementary report u/s 173(8) Cr.P.C - Magistrate has to consider both original report and supplementary report before determining steps that have to be taken further in accordance with law - It is thereafter that Magistrate would have to take a considered view in accordance with..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - When there are concurrent findings of both the Courts in a well reasoned order, second appeal is not maintainable without any substantial question of law involved in it...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Advocate Commissioner - To collect evidence - Not sustainable in law - Appointment of Advocate Commissioner sought after three years of filing of written statement which clearly indicates intention of plaintiff to protract the proceedings - Order appointing Local Commissioner, set aside...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Fresh and additional material cannot be pressed into service to seek a review of an order - Nor can a petitioner seek in a review, same relief which had been sought at the time of arguing of main matter and which had been rejected...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Grant of bail, though a discretionary order, requires such discretion to be exercised in a judicious manner and on the application of certain settled parameters...........
