Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non filing within statutory period - Striking off defence - Defence of defendant was struck off after 97 days - O.8.R.1 CPC provides 30 days for filing written statement and 90 days grace period showing sufficient cause for delay, which is collectively 120 days - However, trial Court without giving a fair..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 40, Rule 1 -- Temporary injunction - Appointment of receiver - Commission u/s 142 of Sikh Gurudwara Act has power to pass interim orders as well as to appoint a Receiver...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Will executed in 1992 in favour of petitioner and her sister by their father qua which probate was pending - Specific issue was framed qua Will - Same cannot be decided in absence of petitioner - Petitioner is a proper and necessary party to suit - Application allowed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Implementation - Police help - Cannot be declined on the ground that petitioner filed FIR and has a remedy to complain violation U.O.39.R.2-A CPC - Jurisdiction U.O.39.R.2-A CPC is for punishment and it does not debar Court which granted injunction to pass appropriate orders in the facts of the case...........
Prevention of Corruption Act, 1988, Section 19, 13(1)(c), 13(2), Indian Penal Code, 1860, Section 465, 467, 468, 471, 201, 408, 120B -- Sanction for prosecution - Offence u/ss 13(1)(c), 13(2) of PC Act and Ss.465, 467, 468, 471, 201, 408, 120-B IPC - Acts done in discharge of official duty - Can only be decided when evidence is led - At the initial stage it need not to be..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Suit is pending since 2008 - Petitioner being husband of sole defendant is well aware of pending proceedings - Stand which has been taken in written statement is similar to what is being sought to be contended by petitioner - Despite the suit remaining pending for 11 years, no effort..........
Civil Procedure Code, 1908, Section 11, Delhi Rent Control Act, 1958, Section 14(1)(b) -- Subsequent eviction suit - Finding in earlier suit for injunction - Whether operate as res-judicata - No doubt finding was rendered in a suit for injunction between same parties after proper contest and evidence - However, neither party challenged the judgment therefore, same cannot..........
Criminal Procedure Code, 1973, Section 227, Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Discharge - Illegal gratification - Demand of bribe was backed by a false bill in respect of a work already executed by another - Uncontroverted allegation establishes offence prima facie - A grave suspicion is disclosed from detection of tainted money after trap..........
Indian Penal Code, 1860, Section 363, 376(2)(n), 377, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(ii), Criminal Procedure Code, 1973, Section 439 -- Bail - Kidnapping and rape - Prosecutrix has turned hostile and did not support prosecution version - Petitioner is in custody since 2019 - Trial of case is likely to take some..........
Indian Penal Code, 1860, Section 376(1), 450 -- Rape - Affidavit filed by prosecutrix in Court stating that she had lodged case against accused under pressure, cannot be relied upon in view of statements of prosecutrix herself, her husband and her daughter - Conviction upheld...........
