Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Order to proceed ex parte does not mean that defendants are precluded from participating in remaining proceedings to be held on subsequent dates...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Defendants were not present on relevant date despite sufficient service - Trial Court proceeded ex parte against defendants - It was still open to defendants to appear before next date and participate in remaining proceedings - However, defendants chose to remain absent and ultimately filed..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - After filing of charge sheet - Power of Magistrate - If Magistrate does not agree with police report, he may order further investigation which is done in his capacity as supervisory authority in relation to investigation carried out by police - However, such power would continue to ensure in..........
Civil Procedure Code, 1908, Order 17, Rule 3 -- Dismissal of suit on account of plaintiff failed to adduced any evidence - Plaintiff was granted as many as eight effective opportunities including last opportunity and even subject to costs - However, plaintiff failed to lead any documentary or oral evidence in support of his claim - Plaintiff was guilty of deliberate and..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Claim petition under Motor Vehicle Act - Claimant has right to sue any of negligent person because he can recover full amount of damages from either of parties - Persons who are sued are not to insist on having others joined as defendants and right of claimant cannot be defeated on the ground that..........
Criminal Procedure Code, 1973, Section 427 -- Concurrent running of sentences - Sentences imposed on accused in 69 challan cases - High Court was not justified in ordering concurrent running of sentences imposed on accused in 69 challan cases when admittedly such contention was not raised by accused - Even otherwise, High Court in its inherent powers u/s 482 Cr.P.C does..........
Criminal Procedure Code, 1973, Section 374, 386 -- Appeal against conviction - Disposal of appeal filed by accused without record of trial Court, which was lost during pendency of appeal is not sustainable - Order of High Court set aside - Matter remanded back to High Court for hearing appeals afresh after reconstruction of record of trial Court...........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 101, 103 -- Execution - Third party objections - Where Executing Court, without going into merits, declines to adjudicate upon lis between parties under O.21.R.101 read with Rule 97 and Rule 98 CPC on the ground of non maintainability of the application, such order passed by executing court can not be deemed to be a decree..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Appellate Court while considering appeal against acquittal has to consider whether there are compelling and substantial reasons for reversing order of acquittal - Appellate Court can reverse order of acquittal if view taken by the Court is palpably erroneous and it could not have been taken by Court..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Merely because Appellate Court on re-appreciation and re-evaluation of evidence is inclined to take a different view interference with judgment of acquittal is not justified - If the view taken by trial Court is a possible view, even if two views are equally balanced, it need not result in..........
