Civil Procedure Code, 1908, Order 9, Rule 7 -- Defendant who was proceeded ex parte joining proceedings - Once the defendant joins the proceedings he is entitled to an opportunity to lead evidence - Order denying opportunity to defendant to lead evidence set aside - Trial Court directed to give an opportunity to the defendant to lead evidence...........
Civil Procedure Code, 1908, Order 20, Rule 3, Punjab Panchayati Raj Act, 1994, Section 19 -- Removal of Sarpanch - No confidence motion - Unsigned order - Validity - Petitioner, an elected Sarpanch, removed from his office by an unsigned order - Held, impugned order could be termed only as a draft order - Till draft order is signed by competent authority, it cannot be said..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - While exercising powers U.O.41.Rr.27, 28 CPC Appellate Court can neither set aside the judgment and decree nor remand the case to trial Court for deciding the same afresh in the light of the additional evidence...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appellate Court allowed the application and remanded the case to trial Court - Order passed is ex facie illegal - Unwarranted order of remand giving undeserved lease of life to the litigation deprecated - Impugned order set aside - Matter remanded for decision afresh in accordance..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Striking off defence - Validity - Written statement not filed within stipulated period - Defence struck off - Petitioner 72 years old - Held, one more opportunity granted to file written statement - Impugned order set aside - Petition disposed of without issuing notice to respondents with a view to impart..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Refusal to set aside ex parte decree - Order is revisable u/s 115 CPC - Writ petition under Art.227 Constitution of India, is not maintainable...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Two FIR's - Quashing of FIR sought on the ground of manipulation in registering crime - Held, criminal law set in motion cannot be set at naught particularly when both FIRs disclose commission of an offence...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application to set aside ex parte decree is not maintainable once appeal preferred against the decree is dismissed and becomes final between the parties - Entire proceedings seeking restraighten of suit proceedings and for setting aside ex parte decree is without jurisdiction and not..........
Civil Procedure Code, 1908, Section 47 -- A decree suffering from illegality or irregularity of procedure cannot be termed as inexecutable by the executing Court - Remedy of a person aggrieved by such a decree is to get it set aside by a superior Court...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Grant of - Offence u/ss 420, 409, 471, & 120-B IPC - Issuance of no, bailable warrant of arrest - Grounds set out in case diary for custodial interrogation of accused cannot be accepted as good reasons - Those grounds had been set out for purpose of obtaining warrant of arrest against accused and other..........
