Civil Procedure Code, 1908, Section 24, Guardians and Wards Act, 1890, Section 9, 25 -- Transfer of application u/s 25 of Guardians and Wards Act - Minor son is residing with his mother at Sriganganagar - Application for guardianship of minor shall be made to District Judge having jurisdiction in the place where minor ordinarily resides - Moreover, other proceedings..........
Civil Procedure Code, 1908, Order 22, Rule 12, 3, 4, 8 -- Execution - Provisions of O.22.Rr.3,4 & 8 CPC do not apply to execution proceedings - If after filing of execution petition in time, either D.H. or J.D. dies and his legal representatives are not brought on record then there is no abatement of execution petition and execution petition remains pending - If no time..........
Civil Procedure Code, 1908, Order 21, Rule 29, Civil Procedure Code, 1908, Order 9, Rule 13 -- Stay of execution proceedings pending decision of application filed U.O.9.R.13 CPC - Stay application be heard and decided on merits prior to execution of warrants of possession so that defendant is able to prima facie put forth his case before being dispossessed in execution of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Inter State water river dispute - Suit was pending between two States for the last 19 years - During last 19 years, various developments have taken place and it will be extremely difficult to consider the matter purely from prospective of grant or non-grant of interim relief - Proper course would be..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 147, 148, 149, 504, 506 -- Quashing of proceedings - Compromise - Attempt to murder - Fourteen accused persons were involved in the crime and fire arms weapons were used - Offences alleged to have been committed by accused are crime against society - Even in such case, if settlement is..........
Criminal Procedure Code, 1973, Section 227, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Discharge - Offence u/ss 13(1)(d), 13(2) of the Act - Allegation relating to accused's disproportionate income in the period between 1974 and 1988 was levelled in an FIR filed 12 years after said period concluded - Charge sheet was filed seven years after registration..........
Criminal Procedure Code, 1973, Section 204(2) -- Non compliance of provision of S.204(2) of the Code - On basis of non compliance of S.204(2) Cr.P.C. neither proceedings pending against applicants vitiated nor summoning order can be quashed...........
Criminal Procedure Code, 1973, Section 406 -- Transfer of 16 criminal cases - From four different States to one Court in Mumbai - Multiple FIRs across four States have been filed against petitioner and other accused persons containing broad and common allegations pertaining to act done in collusion by accused persons to defraud the complainants and misappropriate the money..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Accused earlier benefited out of an illegal order of Magistrate granting bail, which though cancelled by Sessions Judge - High Court while affirming order cancelling bail granted to accused directed him not to be arrested - Process and manner in which accused was granted..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Materials on record shows that defendant could not be served through Court with original plaint, amended plaint and writ of summons of amended plaint, as it was not present in the address as mentioned in service - All the service were being made to incorrect address and/or insufficient..........
