Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Lack of jurisdiction - Court when determines, at any stage, that it lacks jurisdiction, then plaint is to be returned and no determination can be made on merits of case - Order of dismissal of suit, set aside, and substituted by an order directing return of plaint for presentation in accordance with law to..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Court not opined that accused has in any manner affected the investigation or has shown rowdy behaviour of any kind after having been granted bail - Impugned order cancelling bail set aside...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 138 -- Dishonour of cheque - Quashing of summoning order - It is for accused to establish in trial that cheque in question was not given towards discharge of any debt or liability - No illegality in impugned order - Order cannot be quashed...........
Criminal Procedure Code, 1973, Section 144(2) -- Proceedings u/s 144(2) Cr.P.C - Status quo order - Executive Magistrate did not pen down any observation as to his objective satisfaction to the effect that if any restraint order is not passed, there would be serious breach of peace between parties in respect of suit properties - Without such observation prima facie..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, Hindu Adoptions and Maintenance Act, 1956, Section 18, Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - (a) In the first instance, Family Court should make an endeavour for settlement of dispute; (b) If proceedings for settlement are unsuccessful,..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, 25, Special Marriage Act, 1954, Section 36, 37, Hindu Adoptions and Maintenance Act, 1956, Section 18, 22, 23, 3(b), Protection of Women From Domestic Violence Act, 2005, Section 20 -- Maintenance - Enforcement of order of maintenance - Order or decree of maintenance may be enforced like a..........
Civil Procedure Code, 1908, Section 151 -- Consolidation of suits - Jurisdiction to order consolidation arises where there are two or more matters or causes pending in the Court and it appears to Court that a common question of law or fact arises in both or all suits or that rights to relief claimed in the suits are in respect of or arise out of the same transaction or..........
Criminal Procedure Code, 1973, Section 41A -- Summons u/s 41-A Cr.P.C - Proceeding to quash FIR pending before High Court - Court vide impugned order directed petitioner to appear before I.O if a fresh notice is issued u/s 41-A Cr.P.C - Since lock down restrictions have been imposed in the State, petitioner not required at this stage to comply with summons u/s 41-A Cr.P.C..........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A -- Anticipatory bail - Offence u/s SC/ST Act - There is no absolute bar against grant of anticipatory bail in cases under the Act - Where Court finds that no prima facie case is made out or where on judicial scrutiny, Court finds that..........
Civil Procedure Code, 1908, Order 21, Rule 66 -- Execution of decree - Sale of property - Upset price - Fixation - Property was originally fixed by Court at Rs.30,00,000/- - Upset price may be refixed on basis of valuation report relating to property filed by Advocate Commissioner in another execution petition - Value of entire property was assessed by Advocate..........
