Civil Procedure Code, 1908, Order 47, Rule 7, Limitation Act, 1963, Section 5, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 22(2)(e) -- Review against the order passed by Tribunal - Dismissal of application for condonation of delay in filing of review application - Writ petition - Maintainability - Mere fact that review application is shown..........
Criminal Procedure Code, 1973, Section 239 -- Discharge - While considering application for discharge, Court must proceed on assumption that material brought on record by prosecution is true and evaluate the material in order to determine whether facts emerging from material taken on its face value, disclose existence of ingredients necessary to constitute the offence...........
Criminal Procedure Code, 1973, Section 482, 239 -- Quashing of proceedings - Proceedings quashed as certificate u/s 65-B(4) Evidence Act not produced when charge sheet was filed - Need for production of such a certificate would arise only when electronic record is sought to be produced in evidence at trial - Stage at which High Court sought to apply said provision thus,..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Payable from the date of order - For the court to award maintenance from the date of order there have to be compelling circumstances for the court to take such a view...........
Criminal Procedure Code, 1973, Section 437(5) -- Cancellation of bail - Magistrate before cancelling bail is required to issue notice to accused so as to afford him an opportunity to explain as to why bail should not be cancelled - Said course not adopted by Magistrate - Order of cancellation of bail set aside...........
Criminal Procedure Code, 1973, Section 389 -- Suspension of execution of sentence during pendency of appeal - Prayer cannot be declined by applying principles applicable to suspension of operation of order of conviction - Impugned order declining prayer to suspend execution of sentence by applying principles applicable to suspension of operation of order of conviction set..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of execution of sentence during pendency of appeal - Prayer rejected considering sentences to run consecutively but sentences were to run concurrently - Order passed considering sentences to be for 45 years whereas sentence was for 7 years - Length of imprisonment has obvious bearing on consideration of prayer for..........
Civil Procedure Code, 1908, Order 1, Rule 10, Hindu Succession Act, 1956, Section 6 -- Impleadment of daughters - Partition suit - Father died in 1970 before amendment in S.6 of Hindu Succession Act - Daughters thus, had no right or legal interest in suit property - They are neither necessary nor a proper party in suit - Impugned order of impleading daughters in partition..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Amendment sought amounts to entertaining claim which is barred by limitation - Order allowing amendment, set aside...........
Civil Procedure Code, 1908, Order 41, Rule 31(a) -- Judgment of first Appellate Court - Re-framing of issues by appellate Court and answering each issue - It cannot be said that first Appellate Court has committed any error while passing judgment and order contrary to provisions of O.41.R.31(a) CPC...........
