Civil Procedure Code, 1908, Order 5, Rule 20 -- Service of summons to subsequent purchaser - Partition suit - Resort to notice by way of substituted service through paper publication in a mechanical manner without trial Court having found as regards factum of avoidance of notice by subsequent purchaser would vitiate order passed U.O.5.R.20 CPC...........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 420 IPC - Quashing of proceedings - Pendency of civil suit - Averments in complaint and suit entirely different - Transaction a money transaction - Complainant who had opted his remedy before civil Court, with an apprehension of not getting a favourable order, has given a..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Informant clearly stated that A-5 and A-6 had come to residence of deceased and taken the deceased along with them on their motorcycle claiming that A-1 to A-4 had called him for a compromise in ongoing matrimonial dispute - Order summoning appellants as additional accused to face trial is..........
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..........
