Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - To know the existing position at spot - Does not amount to collecting evidence on behalf of plaintiff - Order appointing Local Commissioner calls for no interference...........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Default in payment - Where defaulter repeatedly breaches order of maintenance u/s 125 Cr.P.C, Court would be acting well within its jurisdiction by issuing separate warrants for recovery of each months dues and sentence the defaulter to separate terms of imprisonment of upto one month each for every months..........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Default in payment - Where no order of interim maintenance has been passed and Court, while finally deciding application for maintenance, orders that maintenance shall be payable from date of filing of application, claimant may file an application for recovery of accrued amount and such application shall be..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Default in payment - Directions issued to all Magistrates/Family Courts across the State of Rajasthan seized of applications u/s 125 Cr.P.C that: (i) after passing of order, Court shall facilitate claimant to move an application for recovery of maintenance amount on the same day when application is decided; (ii)..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Commercial suit - Written statement not filed within prescribed period - Written statement filed after ex parte order was set aside - Application filed by plaintiff to strike off defence decided subsequently - There is no provision that written statement, if already filed, must be struck off from the record..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Application filed u/s 311 Cr.P.C. on behalf of complainant seeking his recall and re-examination has been dismissed - In present case, complainant who seeks to re-examine himself to bring on record documents which were admitted by him during..........
Criminal Procedure Code, 1973, Section 482, 209, 465, Mines and Minerals (Regulation and Development) Act, 1957, Section 21, 23, 4(1) -- Quashing of criminal proceedings - Application for - Allegations of illegal export of iron ore - Appellant challenging order of cognizance of offence under MMDR Act after lapse of 2 years without giving reason to explain inordinate delay..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Delay of 9 years in seeking amendment - Amendment sought was available to defendant at the time of cross examination of PWs 1 & 2 but at that time no question was put to the witnesses - Moreover specific averment in plaint was stated in written statement as not admitted and that it is for..........
Civil Procedure Code, 1908, Section 92 -- Leave to file suit u/s 92 CPC - Order passed on an application u/s 92 CPC is not required to be a speaking order though it should disclose application of mind...........
Civil Procedure Code, 1908, Section 92, 115 -- Grant of leave to file suit u/s 92 CPC - Revision - Maintainability - Order granting leave u/s 92 CPC does not decide any rights of parties and is made at the stage before suit comes into being - It is thus, open to petitioner to apply for revocation of leave of Court as granted by impugned order - But revision against such..........
