Constitution of India, 1950, Article 227, Civil Procedure Code, 1908, Order 21, Rule 37, 40 -- Execution proceedings - Issuance of warrants - Suit for Recovery of maintenance - Challenging legality of orders - Warrants of imprisonment were executed without effective show cause and hearing - Therefore, these orders were ex-parte and were pronounced in defiance of the..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for mandatory injunction - Suit property pertains to a passage/street which plaintiffs claim to be their exclusive street - Whereas, original defendant and added defendants both are claiming said street to be a public passage - Although said question is a matter to be decided by trial Court on..........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Appointment of Commissioner - Suit for permanent injunction - Actual status of suit land is not available on record - It is thus, necessary to appoint commissioner - Trial Court while directing Commissioner to make inspection and file report alongwith coloured photographs specifically directed that Commissioner would not..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Formal defect - Non pleading of facts in the plaint - Not a formal defect - Order allowing withdrawal of suit set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123 -- Ex parte decree - Setting aside - Defendant was duly served in the proceedings - Limitation to set aside ex parte decree starts to run from the date of order and not from the date of knowledge of such order...........
Criminal Procedure Code, 1973, Section 437(4), Indian Penal Code, 1860, Section 304B, 498A, 306 -- Bail - Dowry death - Cruelty - Magistrate granted bail to accused - However, order does not give reasons sufficient to hold that there are no reasonable grounds for believing that accused have been guilty of offences - Magistrate thus, acted without jurisdiction in granting..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Appointment by Court suo motu ex parte at the stage of consideration of an application to grant ad-interim injunction - While appointing Local Commissioner no palpable reason given by Court as to why Advocate Commission is required to be appointed ex parte, suo motu dispensing notice to other side -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 511, 109, 34, 120B, 409, 420, 405, 417, 426, Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 17 -- Complaint u/ss 511, 109, 34, 120-B, 409, 420, 405, 417 and 426 IPC - Dispute regarding recovery of dues by bank - Dismissal of..........
Criminal Procedure Code, 1973, Section 340, 195(1)(b) -- False evidence - Respondent allegedly stated certain facts which are not accurate in his rejoinder filed in civil suit - However, explanation offered by respondent in his rejoinder seems reasonable - It would be difficult to conclude that respondent had deliberately tried to misled Supreme Court to obtain a..........
Criminal Procedure Code, 1973, Section 439 -- Successive bail applications - Changed circumstances - If trial Court in order to ascertain as to under what penal section charges should be framed against applicant, has made certain observations with regard to conduct of I.O of case, same could not provide any new ground to applicant for purpose of releasing him on bail...........
