Civil Procedure Code, 1908, Section 100 -- Second appeal - Framing of substantial questions of law - Parties have to be heard after framing of substantial questions of law - Hearing cannot be prior to substantial questions of law - High Court therefore, erred in hearing in appeal finally when questions of law have not been framed and formulated questions of law only in..........
Civil Procedure Code, 1908, Section 96 -- Appeal - A party to a suit adversely effected by a decree or any of his representatives-i, interest may file an appeal - But a person who is not a party to a decree or order may with leave of Court, prefer an appeal from such decree or order if he is either bound by a decree or order or is aggrieved by it or is otherwise..........
Civil Procedure Code, 1908, Section 96 -- Appeal by subsequent purchasers - Maintainability - Decree for specific performance - Purchasers contested the suit and they are essentially aggrieved by judgment and decree, thus they can assail the same in first appeal - Merely because vendors not filed any appeal or cross-objection to appeal filed by purchasers, same is not per..........
Civil Procedure Code, 1908, Order 17, Rule 1 -- Closure of right of defendant to cross-examine plaintiff and PWs - Various opportunities were given to cross-examine witnesses to defendants, but on one ground or other, defendants sought adjournments - Even last opportunity given to defendant with costs also closed - Court proceeded ex parte against defendant no.2 and her..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Charge sheet filed and other co-accused enlarged on bail - Though allegations against respondent No.1 are of a serious nature, the present custody being prior to trial the same cannot be treated as one after conviction so as to deny bail based only on the allegations, though in appropriate cases the same is also to be..........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written settlement - Non filing - Court can make such order as it may deem fit in absence of any written statement from a party...........
Civil Procedure Code, 1908, Order 17, Rule 3 -- Closing of plaintiff`s evidence - Suit for specific performance - After framing of issues before trial Court, matter remained pending for plaintiff`s evidence for 5 years - Agreement in question returned to plaintiff for proper affixation of stamp duty by trial Court but the matter remained pending before competent authority..........
Criminal Procedure Code, 1973, Section 190(1) -- Cognizance - Cognizance taken on basis of complaint as well as statements recorded u/ss 200, 202 Cr.P.C - Revisional Court while setting aside order of cognizance stepped its jurisdiction in delving deep into the matter at the stage of cognizance - Order of revisional Court per se illegal and deserves to be set aside -..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Interim injunction - Disobedience - Application U.O.39.R.2-A CPC is maintainable only during pendency of civil suit in case interim order passed by Court or undertaking given by party is violated - Application filed after disposal of civil suit is not maintainable...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Decree for declaration - Decree against defendant in the suit has become final and no one had challenged - In such circumstances, executing Court cannot go beyond decree unless JD raise an issue with regard to competency of civil Court granting decree or about executability of decree in the manner as it was..........
