Civil Procedure Code, 1908, Order 9, Rule 12, Hindu Marriage Act, 1955, Section 13(1)(ia) -- Ex parte divorce decree against wife - Wife remained ex parte on basis of report of process server that she refused to receive notice of proceeding - However, judgments of Courts below do not reveal that while sending notice to wife through process of Court simultaneously notice..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Refusal to appoint Local Commissioner - Revision u/art 227 of Constitution not maintainable against order refusing to appoint Local Commissioner...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Recovery suit - Leave to defend granted - Challenge as to - It is for trial Court to exercise its discretion to ascertain as to whether or not, evidence is required to be adduced qua money claims to be adjudicated by way of trial - No irregularity in impugned order and thus, no interference warranted in impugned order of..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Defendants by playing fraud on basis of registered power of attorney executed sale deed in their own name - Suit land is ancestral property of plaintiffs - Prima facie case is in favour of plaintiffs - Trial Court after considering all aspects, balance of convenience and irreparable..........
Criminal Procedure Code, 1973, Section 439(2) -- Fifth bail application - Bail granted - Cancellation of bail - Bail granted by holding that no overt act is assigned to accused whereas there is specific allegation that accused actively aided the commission of crime by furnishing information about movements of deceased - High Court failed to consider seriousness and gravity..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 306, 34 -- Quashing of proceedings - Abetment of suicide - Suicide note - High Court while considering petition for quashing has tested the veracity of allegations in the criminal complaint and in the suicide note left behind by deceased without having the benefit of an evidentiary record which..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 320(8) -- Dishonour of cheque - Compounding of offences at revisional stage - Settlement between the parties and due amount is paid to complainant - Conviction and order of sentence, quashed and set aside with Cost of Rs.10,000/-...........
Criminal Procedure Code, 1973, Section 182 -- Final report that incident of theft was false - Court accepted the final report despite a protest petition against the said report and summoned the complainant u/s 182 Cr.P.C. - Protest petition could have been treated as complaint - Petitioner could have been given an opportunity to produce evidences and witnesses in support..........
Civil Procedure Code, 1908, Section 41 -- Remand - Suit for permanent injunction - Appellate Court remanded the matter back to trial Court on the ground that trial Court had not recorded specific conclusion with regard to plot in question - However, judgment of trial Court reveals that categorical finding has been recorded in it with regard to ownership and possession of..........
Civil Procedure Code, 1908, Section 47, 151, Order 21, Rule 13 -- Execution - Objection to execution proceedings as well as to application u/s 47 CPC filed by applicant do not either disclose any substantial defence to decree or testify the same to be suffering from any jurisdictional infirmity or invalidity - Order rejecting objections held, proper...........
