Civil Procedure Code, 1908, Order 7, Rule 10, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 2(g) -- Transfer of suit to DRT - Dismissal of application - Claim of petitioner is a debt within meaning of S.2(g) of the Act - Present suit was not pending rather it was filed after Tribunal was established - Therefore, application for transfer..........
Service -- Recruitment - Fresh face substitutes in Railways - Appellants were well aware that their appointments made when original applications were pending before Tribunal or when writ petitions were pending before High Court were subject to result of litigation - Appellants does not choose to file any application for intervention before High Court only after Railways..........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Court can waive waiting period of six months, after considering : (i) statutory period of six months specified in Section 13B(2), in addition to the statutory period of one year u/s 13B(1) of separation of parties is already over before the first motion itself; (ii) all efforts for..........
Evidence Act, 1872, Section 65(c) -- Photostat copies of original document - Admissibility - Proceedings after acceptance of application u/s 65 of the Act are pending before the trial Court - Photostat copies of alleged original documents, the existence and loss thereof are still to be inquired and proved, thus, till such time exhibition of such documents is the moot point..........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1 -- Withdrawal of suit - Partition suit - Withdrawal sought on the ground that all the properties of family and other co-parceners as parties were not included in the suit - However, plaintiff has already availed the remedy of including other co-sharer as a party and also took steps for getting property included and..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 3, 10 -- Death of sole plaintiff during pendency of appeal - Appeal abated as non applied for substitution of L.R's - Application by third party for joining them as appellants - Not maintainable - Such application can be heard only in pending proceedings and not when proceedings stood..........
Evidence Act, 1872, Section 45 -- Expert opinion - Thumb impression - Case is pending for evidence and opportunity to lead evidence is still available with defendants, Court cannot stop defendants to lead their evidence - Expert opinion has some evidentiary value, in case of comparison of thumb impressions - Question whether standard thumb impression of deceased is..........
Criminal Procedure Code, 1973, Section 439, 438 -- Anticipatory bail - Interim order granting pre-arrest bail - Accused thereafter surrendered before trial Court and regular bail was granted - Held, when Supreme Court or High Court or Sessions Judge grants interim anticipatory bail and the matter is pending before that Court, there can be no occasion for the accused to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Application for amendment has been filed after commencement of trial and after respondent/plaintiff had concluded his evidence and case is pending for recording evidence of petitioner/defendant - No whisper as to why facts sought to be added by way of proposed amendment could not be pleaded in..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Application U.O.39.R.2-A CPC - Forum to move an application - Court where main proceeding is pending deals with an application U.O.39.R.2-A CPC - Similarly, appellate Court (if the appeal suit is pending on its file) shall deal with an application alleging violation of injunction in respect of an interim order passed in..........
