Civil Procedure Code, 1908, Section 151, Order 9, Rule 9 -- Restoration of eviction petition, dismissed in default - Landlord an old man of 79 years suffering from various ailments, was not residing at Shimla during winter season - Therefore he had no occasion to have come to know about the order passed in the rent petition - Delay as occurred stand satisfactorily..........
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 43, Rule 1(c) -- Rent petition - Dismissal in default - Restoration - Appeal against order dismissing application U.O.9.R.9 CPC - Such appeal is maintainable as per scheme of CPC, until otherwise specified by Government by way of issuance of an appropriate notification...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Nothing on record to show as to whether order granting bail is perverse or how concession of bail has been misused by accused - Even no complaint has been made to Police authorities or trial Court to show that accused has tampered with evidence or any threat was given to depose in his favour - Order of..........
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..........
