Civil Procedure Code, 1908, Order 26, Rule 9 -- Order dismissing application U.O.26.R.9 CPC - Revision - Maintainability - Revision not maintainable against an order dismissing an application for appointment of a Local Commissioner, as an order refusing to appoint a Local Commissioner does not decide any issue nor does it adjudicate any rights of parties for the purpose of..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Once it was established that DH's father was tenant of suit property, finding that DH succeeded to tenancy and remained in possession was rightly affirmed - Petitioners are presently in possession of suit land, thereby clearly demonstrating that DH was dispossessed in violation..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint discloses a clear cause of action, raises contentious questions of fact and seeks adjudication regarding nature, extent and legality of possession - Such issues cannot be brushed aside at the entry gate - Order rejecting plaint set aside...........
Indian Penal Code, 1860, Section 376(2)(n), 417 -- Rape - Conviction - Prosecutrix and appellant solemnized marriage and are residing together - Supreme Court in exercise of its power under Article 142 of Constitution quashed FIR and order of conviction and sentence...........
Indian Penal Code, 1860, Section 376(2)(n), 417 -- Rape - Conviction - Prosecutrix and appellant solemnized marriage and are residing together - FIR and order of conviction and sentence quashed - Owing to criminal complaint appellant was suspended from service - Direction issued to CMO to revoke the order of suspension and to pay arrears of salary to appellant...........
Practice and Procedure -- Litigant who has not availed appropriate legal remedy against an order cannot be permitted to re-agitate the same issue before same Court at any subsequent stage of proceedings...........
Adverse Possession -- In order to set up a claim of perfection of title by way of adverse possession, plaintiff has to admit the title of original owner...........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Adoption deed - Registered adoption deed declared suspicious in nature without recording reasons in writing - Only on basis of contradiction in statement given by witnesses, it cannot be presumed that adoption deed is suspicious in nature - No independent proceeding took place for challenging adoption deed - Order..........
Criminal Procedure Code, 1973, Section 362 -- Review/recall of order - Where any petition is dismissed in default, that cannot be termed as judgment - Application for restoration or recall of order is maintainable against such order dismissing petition and prohibition of S.362 Cr.P.C. do not apply...........
Criminal Procedure Code, 1973, Section 362 -- Review/recall of order - Prohibition of S.362 Cr.P.C. is absolute and when judgment has been signed even High Court in exercise of its inherent power u/s 482 Cr.P.C. has no authority or jurisdiction to alter or review the same...........
