Criminal Procedure Code, 1973, Section 482 -- Conviction - Setting aside - Further investigation - Validity - Conviction of accused u/s 304-A IPC after trial - High Court in exercise of its inherent powers set aside conviction of accused and directed that proceeding be initiated against appellant - Held, power u/s.482 Cr.P.C. cannot be exercised in contravention of all..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Advocate's strike - Court is not obliged to either wait or to adjourn the case on that account - Advocate has no right to stall the Court proceedings on the ground that Advocates have decided to strike or to boycott the Courts or even boycott any particular Court...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Advocate's strike - In case Court is satisfied that the ex parte order, passed due to the absence of the Advocate pursuant to any strike call, could be set aside on terms the Court can as well permit the party to realise the costs from the Advocate concerned without driving such party to..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Advocate's strike - Advocate is answerable for the consequence suffered by the party if the non-appearance was solely on the ground of a strike call - It is unjust and inequitable to cause the party alone to suffer for the self imposed dereliction of his Advocate...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - `Sufficient cause' - If defendant advances some cause for setting aside ex parte decree which does not seem to be false or frivolous, it should be accepted and ex parte decree set aside...........
Hindu Marriage Act, 1955, Section 24, Civil Procedure Code, 1908, Order 9, Rule 13 -- Maintenance pendente lite at the rate of Rs.1900/- per month granted in an appeal filed by wife against order dismissing her application U.O.9.R.13 to set aside exparte divorce decree obtained by husband - Non payment of maintenance - Defence of husband struck off - Averments made in the..........
Civil Procedure Code, 1908, Section 64, Order 21, Rule 90, 92 -- Sale - Confirmed - Appellate Court setting it aside - Fact that it was confirmed earlier by executing Court is immaterial...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 10, 12, 17, 19 -- Ex parte decree - Setting aside - Summons - Service - Refusal - Court should follow procedure as laid down in Rules 17 & 19 of Order 5 - If such procedure is not followed, ex parte decree to be set aside...........
Arbitration and Conciliation Act, 1996, Section 34 -- Award - Setting aside - Question of law - Reference - Question of law was not specifically referred for arbitration, notwithstanding the statement by Umpire that 'parties had left the matter for decision by Umpire' - Question of law as to applicability of S.26 of the Electricity Act incidentally arose as part of defence..........
Hindu Minority and Guardianship Act, 1956, Section 7 -- Minor - Custody - Two minors - Custody claimed by two persons - Minors when questioned showing preference for one of them - One of minors becoming major and he repeating his preference - Custody of both given to one for whom preference was shown setting aside order of trial Court - Held, wishes of children should..........
