Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Money decree - Conditional warrants of arrest - JD No.4 is one of guarantors and was proceeded ex parte - Conditional warrants of arrest issued against JD No.4 - Wife of JD No.2 agreed to pay entire amount within 15 days - However, neither she had appeared before Court nor had paid decretal amount - JD No.2 is..........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Local Commissioner - Re-appointment - To discredit the demarcation report, fresh appointment of a Local Commissioner is not required as permitting repeated re-appointments would lead to a never-ending process with each party seeking afresh demarcation whenever an adverse report is received...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Application u/s 12 of the Act - Non appearance despite service of summons - Respondent to be proceeded ex parte - Warrants cannot be issued for securing his personal presence...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 2298 days in filing special leave petition - Accused never approached for filing special leave petition and she was not willing to file the same before Supreme Court - Special leave petition has been filed merely in view of directions of National Legal Services Authority to provide free legal aid to needy..........
Service -- Appointment - Wait list - Mere placement in the wait list does not create any vested right for being so appointed - Right to be considered for appointment would spring only in the contingency of a selected candidate not joining on his post - Wait list operates for a limited period and it cannot extend for an indefinite period and in any event after a fresh..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Scope of O.7.R.11 CPC is limited to defects apparent from the plaint itself and intent behind it is to prevent misuse of legal process with a view to ensure that only genuine disputes proceed to trial...........
Service -- Selection process - Appellant stood at serial No. 1 in merit list - Governing Body resolved the appellant's case for approval and appointment by condoning the overage for applying to an aided post in an aided institution - In the absence of advertisement or spelling out of applicable Rules, setting aside approval and appointment of appellant is illegal - Since,..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - Wife stated that she came to know the pendency of divorce petition through paper publication and she had attended the Court on 22.07.2022, but was unable to follow proceedings - It was only thereafter, she became aware that an ex parte decree had been passed - Court finds no material..........
Criminal Procedure Code, 1973, Section 82 -- Proclamation - Petitioner was declared proclaimed offender without affording her prerequisite time period of 30 days to appear before trial Court - Requisite procedure as mandated by S.82 Cr.P.C. was not completely followed in letter and spirit - Continuation of proceedings would be an abuse of process and deserve to be quashed..........
Special Marriage Act, 1954, Section 27(b) -- Divorce - Desertion - Petition by husband - Wife not residing with husband since 1996 - Letter of 1999 addressed by wife to husband, contains a categorical statement that she was leaving him without force or influence, which corroborates the fact of separation - Even in the compromise entered before Legal Services Authority..........
