Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Arrest and detention of JD - Before ordering detention of JD for execution of decree Court has to conduct enquiry as mandated U.O.21.R.40 CPC r/w S.51 CPC by recording a finding as to means of JD to satisfy the decree...........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Arrest and detention of JD - Burden is on DH to satisfy Court that JD despite having means to pay decreetal amount has failed to discharge liability under decree for Court to order for civil imprisonment - Order of civil imprisonment for not satisfying decree should be the last resort, as the same..........
Criminal Procedure Code, 1973, Section 157 -- Delay in sending FIR to Magistrate - Murder - Body of deceased was found at 5:30 am and FIR is alleged to have been registered soon thereafter - Report and FIR were presented to Magistrate at 3:30 pm - Explanation that delay occurred because of transfer of Magistrate as per constable, who had brought the FIR to Court - However,..........
Criminal Procedure Code, 1973, Section 397, 401, 482 -- Revision - Re-appreciation of evidence - If trial Court and appellate Court has recorded finding of fact, question of re-appreciation of evidence by third Court does not arise unless it is found to be totally perverse...........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of additional documents - Documents sought on record are important and material documents for just and proper disposal of lis - Therefore, to do complete justice in the matter, said documents ought to have been taken on record by trial Court - Application allowed directing trial Court to take documents on record...........
Criminal Procedure Code, 1973, Section 439, Prevention of Corruption Act, 1988, Section 7, 7A -- Bail - Offence u/ss 7, 7-A of P.C Act - Petitioner has been in custody since 24.12.2024 - Challan already presented - Prosecution has cited 30 witnesses, none of whom have been examined yet - Trial is likely to take considerable time to conclude - No recovery of any alleged..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint can never be rejected for non-existence of cause of action, but a plaint can be rejected for non-disclosure of cause of action...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Averments made in the plaint of plaintiffs are clearly and unambiguously disclosing cause of action for filing suit - Application rightly rejected...........
Criminal Procedure Code, 1973, Section 167(2), Official Secrets Act, 1923, Section 3, 4, 5, Indian Penal Code, 1860, Section 120B -- Default bail - Offence u/ss 3, 4, 5 of Officials Secrets Act and u/s 120-B IPC - S.3 of Officials Secrets Act, prescribes maximum punishment up to 14 years - There is no minimum punishment provided under the said provision - Punishment..........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Specific denial - In the absence of any specific denial in the written statement, contents of plaint would be deemed to be admitted...........
