Civil Procedure Code, 1908, Order 41, Rule 23, Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Matters finally disposed of by order of remand cannot, any of them, be re-opened when case comes back before High Court in second round from first appellate Court - But if at the time of remand, no final decision is given on a point, though some observations only are..........
Civil Procedure Code, 1908, Order 41, Rule 23, Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - When an appellate Court remands the case for further inquiry, lower Court has to act within the limits of remand order - It cannot reopen the finding of appellate Court, if does so, it exceeds the limits of its jurisdiction...........
Criminal Procedure Code, 1973, Section 156(3) -- Magistrate should apply judicious mind while exercising power u/s 156(3) Cr.P.C. - Mere mention in the order that he has gone through the complaint and police investigation is not required or otherwise, would not be sufficient compliance of application of judicial mind while deciding application u/s 156(3) Cr.P.C...........
Civil Procedure Code, 1908, Order 33, Rule 1 -- Indigent person - Sufficient means - Expression `sufficient means' to pay Court fee has to be considered with capacity or ability to raise sufficient funds in order to meet required Court fee, for which necessarily, quantum of Court fee payable has to be mentioned in the order so as to ascertain the ability...........
Civil Procedure Code, 1908, Section 24, 25 -- Transfer of a case - Broad propositions are : These are (a) balance of convenience or inconvenience to the plaintiff or the defendant or witnesses; (b) convenience or inconvenience of a particular place of trial having regard to the nature of evidence on the points involved in the suit; (c) issues raised by the parties; (d)..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302, 201, 149, 120B -- Bail during pendency of appeal - Appeal against conviction - Murder case - High Court while granting bail to accused not at all appreciated and considered the fact that trial Court on appreciation of evidence convicted accused - There is total lack of clarity on submissions,..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Grounds raised by petitioner have been considered and noticed by Court while passing order under review - Entire endeavour of petitioner is to seek re-hearing of appeal on merits which cannot be permitted - Review can be entertained only if there is an error apparent on face of the record - Application..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Barred by res judicata - Earlier suit between same parties was withdrawn before Lok Adalat and there was no final decision - Said order would not act as res judicata, as there was no final decision on merits - Suit being injunction suit can be filed as and when cause of action arises - Plaint..........
Civil Procedure Code, 1908, Section 144, 2(2) -- Determination of a question within S.144 CPC - It is deemed to be a decree - Same is appealable and so also the order of Appellate Court is open to be assailed in a second appeal...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced Muslim wife - Muslim divorced woman is entitled to get maintenance u/s 125 Cr.P.C after Iddat period as long as she does not remarry and if she is otherwise so entitled - Order denying maintenance to wife set aside - Matter remanded...........
