Civil Procedure Code, 1908, Order 47, Rule 7, Civil Procedure Code, 1908, Order 43.R(1)( -- Appeal - Order rejecting an application for review is not appealable in terms of O.47.R.7 CPC, whereas order granting review is appealable in terms of O.43.R.1(w) CPC...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 7, Rule 11 -- Temporary injunction during pendency of appeal filed against order of rejection of plaint - When plaint is rejected, it cannot be said that appeal filed against such an order is continuation of suit - Plaint once rejected, until it is revised/restored, an order of temporary..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Call to be taken by Courts for payment of Court fee or not, shall be appropriately considered by framing an issue upon the same and providing an opportunity to lead evidence and hearing parties to lis - Payment of ad valorem Court fee under these circumstances is mixed question of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issues raised in plaint pertain to ownership, validity of sale deeds and declaration of title, which are civil in nature and therefore, triable exclusively by a civil Court - Applicability of S.207 of Rajasthan Tenancy Act, which bars jurisdiction of civil Courts in matters relating to khatedari rights..........
Civil Procedure Code, 1908, Order 6, Rule 17, Hindu Marriage Act, 1955, Section 13 -- Divorce petition - Amendment of written statement to set up plea of restitution of conjugal rights - Such plea was in knowledge of husband but same was not set up for the last 10 years - Amendment sought when case was fixed for final hearing - Application for amendment filed just to delay..........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 216, 482 -- Abetment of suicide - Quashing of order of alteration/addition of charge from S.498-A IPC to 498-A, 306 IPC - No averment in complaint or evidence of PW1 to PW3 showed that petitioner played active role in either instigating or intentionally aiding deceased to commit suicide - Order of..........
Criminal Procedure Code, 1973, Section 82, 83, 84 -- Attachment of property of accused - Objections - If a third party raises an objection prior to attachment of property, Court has to decide the same and if Court comes to conclusion that property does not belong to accused, Court can pass an order, either declining to attach property or withdraw attachment order...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third parties - Suit for specific performance - Respondents are not necessary party to suit as effective decree can be passed in their absence - Moreover, respondents have already filed a separate suit for enforcement of their claim against third party - Therefore, they are neither necessary nor proper party to..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 125 -- Maintenance - Two round of litigations - Lok Adalat award in the first round of litigation - In the second round of litigation order of interim maintenance passed - Wife cannot seek recovery of maintenance on the basis of compromise arrived at by parties before..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 323, 427, 34, 120B -- Bail - Murder - Accused may have carried injured victim to Hospital who later died, but he was actually brought dead to hospital - This fact will have to be considered de hors from the fact as to who actually had committed offence in the first place - Trial Court has..........
