Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Entire amount duly deposited in compliance of order of Court - However, challan could not be brought on record on account of illness of petitioner - Held, trial Court not justified to recall the order striking off defence - Impugned order set aside...........
Criminal Procedure Code, 1973, Section 228 - - Speaking order - When prosecution has abandoned the case and has rather recommended discharge of accused which is supported by complainant, then Court cannot take different view and it is incumbent upon the Courts to give its reasons to indicate why it differed with final recommendation of the prosecution...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint at Appellate stage - Subsequent event - Suit for permanent injunction - Plaintiffs by way of amendment brought on record new added constructions made by defendants during pendency of appeal - Court below is unjustified and erroneous in rejecting application for amendment by not taking into account..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - On the ground that accused has come to Court after taking liquor - Court below neither found an overt act on the part of accused nor he caused obstruction in Court proceedings - Merely appearing in drunken state in a Court is neither offering insult nor causing interruption to Presiding Officer of the..........
Civil Procedure Code, 1908, Order 21, Rule 84, 85, 86 -- Auction sale - Failure to deposit money required for obtaining stamp duty - Default committed by auction purchaser cannot be excused and set at right by Court by exercising its power u/s 148 or S.151 CPC, as O.21.Rr.84, 85, 86 CPC are mandatory in nature - Execution Court was not legally right in allowing petition..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 26(b), Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Civil suit for declaration challenging legality of order passed by Prescribed Authority under 1972 Act is clearly barred by S.26(b) of 1972 Act - Remedy of plaintiffs in such case lies in filing appeal/revision u/s 18 of the Act...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 392, 395, 397 -- Quashing of FIR - Offence u/ss 392, 395, 397 IPC - No proper investigation made by I.O much less concluded on the basis of FIR lodged by complainant and before it could be brought to its logical conclusion, FIR quashed in relation to cognizable offences which were of serious in..........
Criminal Procedure Code, 1973, Section 401 -- Revision against conviction - High Court dismissed revision without assigning any reason - High Court failed to apply its judicial mind to factual and legal aspects arising in case - Order of High Court set aside - Matter remitted back to High Court...........
Haryana Ceiling on Lands Holdings Act, 1972, Section 26(b), Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Civil suit for declaration challenging legality of order passed by Prescribed Authority under 1972 Act is clearly barred by S.26(b) of 1972 Act - Remedy of plaintiffs in such case lies in filing appeal/revision u/s 18 of the Act...........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of original power of attorney - From cause title not clear that plaint is filed through constituted attorney - However, verification of plaint clearing stating that said attorney is a constituted agent and power of attorney of plaintiff - Held, it is sufficient to hold that plaint is filed by power of attorney..........
