Civil Procedure Code, 1908, Section 115, Order 37, Rule 4 -- Revision - Maintainability - Order passed U.O.37.R.4 CPC is not appealable - Revision against such an order is maintainable...........
Civil Procedure Code, 1908, Section 96, 151, Order 23, Rule 3A -- Compromise decree - Setting aside - Order passed by Civil Judge, Senior Division, for all purposes would be understood rendered by District Judge - Against order passed by him no appeal lies u/s 96 CPC before District Judge...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Interim injunction order - Disobedience - Once interim injunction order is vacated, there can be no initiation or continuation of proceedings U.O.39.R.2-A CPC...........
Civil Procedure Code, 1908, Order 21, Rule 32, Specific Relief Act, 1963, Section 28(3) -- Execution - Decree of specific performance - Executing Court can order delivery of possession on execution of sale deed even when there is no mention in the decree as to delivery of possession after execution of sale deed...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and son - Husband an able bodied person and he manipulated his salary slips - There is family business which was run by husband and his father - However, said business being run by husband was denied by him - More so, it is established from the fact that during compromise husband and his father had agreed to..........
Civil Procedure Code, 1908, Section 10 -- Stay of proceedings in subsequent suit - Two different suits filed in different jurisdiction for same estate - Suit at Ambala seeks decree of mandatory injunction directing petitioner to vacate suit premises and hand over its possession on basis of oral family settlement in 1998 whereas suit at Meerut seeks partition of entire..........
Protection of Children from Sexual Offences Act, 2012, Section 19, 21, Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - On basis of failure to report the offence - Legality of order - Child aged 5 years sexually abused by school bus driver and conductor - Matter informed to Principal but no action was initiated by him - Principal being..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 33, Rule 1 -- Application by defendant for amendment of reply to application U.O.33.R.1 CPC filed by plaintiff has been dismissed - Amendment sought to be incorporated has been extracted in order which reveals that it is explanatory as after certain paragraph, word to word was sought to be..........
Criminal Procedure Code, 1973, Section 437(5) -- Cancellation of bail - Non-compliance of order passed in civil proceedings, cannot be made basis of cancellation of bail in a criminal case, particularly when said order is under challenge in Supreme Court and contempt proceedings were already initiated against accused...........
Criminal Procedure Code, 1973, Section 325 -- Reference by Magistrate - Power to segregate the case - Magistrate can choose to refer only those accused to CJM regarding whom he is of the opinion that they are guilty while proceeding ahead to pass order/judgment in respect of other co-accused found not guilty...........
