Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Petitioner was named in the complaint but challan was not presented against her - Magistrate after considering the matter entirely and placing reliance upon statement of complainant on oath summoned petitioner as an additional accused - Nothing on record that Magistrate exercised jurisdiction..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 201, 182, 34 -- Anticipatory bail - Offence u/ss 302, 201, 182, 34 IPC - After more than 5 years and without there being any requirement for custodial interrogation, to decline prayer for anticipatory bail would be to punish petitioner even before he has been found guilty - Even, sons of..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Sale of property - Money suit - Entire decretal amount admittedly was paid by defendant/JD from time to time though in installments - In such circumstances, it would not be feasible to sell the property of JD - Court committed error in review petition by stating that entire decretal amount was not paid by..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Appellant Court enhanced amount of interim maintenance without there being any appeal by wife for enhancement - Moreover, no cogent and valid reasons assigned by appellate Court for enhancing amount of interim maintenance - Order of appellate Court is per se illegal and set aside...........
Constitution of India,1950, Article 299, Civil Procedure Code, 1908, Order 1, Rule 1 -- Tender - Necessary party - Petitioner not participated in re-tender process - However, respondent No.5 participated and found successful - Therefore, as petitioner has not participated in re-tender process, award of work to respondent no.5 cannot be challenged at the instance of..........
Civil Procedure Code, 1908, Order 33, Rule 15 -- Indigent person - An order refusing to allow applicant to sue as an indigent person - Applicant shall be at liberty to institute suit in the ordinary manner in respect of such a right...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Execution - Stay of - Declaratory suit pending against DH - Petitioner filed an application for grant of probate before District Judge on basis of Will in his favour, which was dismissed - Even testamentary case filed by petitioner also dismissed - Petitioner in order to create complication and delay execution proceedings..........
Civil Procedure Code, 1908, Section 144 -- Restitution - S.144 CPC applies to a situation where a decree or an order is varied or reversed in appeal, revision or any other proceeding or is set aside or modified in any suit instituted for the purpose - In that situation, Court which passed the decree may cause restitution to be made, on an application of any party entitled,..........
Civil Procedure Code, 1908, Section 144 -- Restitution - Possession taken after order of injunction was passed - Interim order of trial Court did not require defendant to hand over possession to plaintiff - There was no decree or order of trial Court by virtue of which appellant was given possession of property, nor did any decree or order mandate that respondent hand over..........
Civil Procedure Code, 1908, Section 115, Arbitration and Conciliation Act, 1996, Section 37, 16 -- Rejection of application by arbitrator for termination of arbitral proceedings - Revision u/s 115 CPC - Maintainability - As revision u/s 115 CPC lies before High Court only against order in appeal u/s 37 of Arbitration and Conciliation Act and not against arbitrator`s order..........
