Civil Procedure Code, 1908, Section 151, Order 9, Rule 4 -- Restoration of suit dismissed on failure to furnish correct/complete addresses of defendants - Order dismissing suit passed U.O.9.R.2 CPC - Application for restoration of suit is maintainable U.O.9.R.4 r/w S.151 CPC...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366, Protection of Children from Sexual Offences Act, 2012, Section 8 -- Anticipatory bail - Kidnapping and sexual assault - Applicants are parents of A-1 - Taking into consideration facts of case, nature of allegations, gravity of offences, role attributed to accused, anticipatory bail..........
Hindu Marriage Act, 1955, Section 24, Civil Procedure Code, 1908, Order 11, Rule 12, 14 -- Maintenance pendente lite - Production of documents of income of husband - For deciding application u/s 24 of Hindu Marriage Act, documents pertaining to income of husband are relevant - Furthermore children of parties are also entitled to enjoy the same status which they would have..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - Parties should be given sufficient opportunity to produce all required evidence in support of their respective claims - Though documents are required to be produced at the trial of matter and preferably before settlement of issues - However, in order not to deny opportunity to parties,..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Ex parte decree - First Appellate Court has not reversed the decree on merit and simply held that trial Court has wrongly proceeded ex parte against defendants - First Appellate Court ought to have considered appeal on merit and in case appellate Court finds it to be a fit case for reversal then only it can remand..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- First appeal - First appeal involved both disputed questions of law and fact - First appeal dismissed by a cryptic order without examining any of the aspects - First Appellate Court failed to follow the provision of O.41.R.31 CPC while deciding appeal - Judgment and decree passed by First Appellate Court set aside and matter..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh on same cause of action - Relief cannot be split up by allowing withdrawal of suit and refusing liberty to institute fresh suit - Application U.O.23.R.1(3) CPC should be treated as a whole - Impugned order allowing withdrawal of suit and refusing liberty to institute fresh suit,..........
Civil Procedure Code, 1908, Section 151 -- Eviction order - Stay of order of eviction - Vacation - Application seeking vacation of stay cannot be permitted because stay order already confirmed - However, application simultaneously seeking mesne profits which can be granted by Court since eviction was being protected by interim order - Tenant required to pay minimum rent..........
Civil Procedure Code, 1908, Order 21, Rule 106 -- Execution - Auction sale - Ex parte order - Setting aside - Summon sent to JD's address was returned with remark that he was not residing at that old address - Summon has not been duly served upon JD - When there was no effective service on JD, Execution Court ought to have been issued a fresh notice rather than ordering..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - At the instance of defendant - Defendant seeking temporary mandatory injunction against plaintiff for removing the wall by which lane (Gali) has been blocked and for removal of goods lying on the way - Concurrent finding of two Courts below that prima facie case is in favour of defendant -..........
