Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of guardianship petition - Bar of jurisdiction - Principle of comity of Courts or principle of forum convenience alone cannot determine threshold bar of jurisdiction - Paramount consideration is best interest of child - Same cannot be subject-matter of final determination in proceedings U.O.7.R.11 CPC - Impugned..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint rejected without there being an application for rejection of plaint - Trial judge exceed his power and committed grave irregularity - Order rejecting plaint set aside...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration - High Court allowed second appeal without hearing subsequent purchaser who allowed to become a party respondent along with plaintiff - Application of subsequent purchaser u/s 151 r/w O.41.R.21 CPC praying for an opportunity of hearing also dismissed by High Court - Impugned order of High Court..........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Report of Local Commissioner - Local Commissioner did not take measurements by taking permanent point of one stone to other stone for purpose of determination of encroachment - It was just an eye wash to conduct demarcation in compliance of order of Court - Nothing prevented plaintiff to summon Kanungo for proving contents..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Matrimonial dispute - Settlement - Dispute between parties sorted out and they arrived at an agreement to settle all cases between them - Husband handed over a demand draft of Rs.1 lakh to wife in terms of agreement and also paid another sum of Rs.95,000 to wife - Settlement is taken on record and form part of..........
Criminal Procedure Code, 1973, Section 125(3), Indian Penal Code, 1860, Section 67 -- Maintenance - Default in payment - Sentence of imprisonment - Sentence imposed u/s 125(3) Cr.P.C. is only a mode of enforcement of direction to pay amount of maintenance and not as a punishment - Court below therefore, seriously erred in invoking S.67 IPC for handing down sentences of 6..........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Court while allowing revision petition neither issued notice to petitioners nor petitioners arrayed as respondents by complainant - Court of Revision required to afford an opportunity of hearing to concerned party at time of upsetting order passed in favour of said party by Magistrate - Impugned order set aside..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Agreement to sell - Possession in pursuance of agreement to sell - Plaintiff in possession on the date of institution of suit - However, during pendency of suit plaintiff dispossessed - Defendant directed to hand over possession of suit property to plaintiff - Plaintiff with the help of police can..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Appeal - Court to pass a reasoned order which must contain narration of bare facts of the case of the parties to the lis, issues arising in the case, submissions urged by the parties, legal principles applicable to the issues involved and reasons in support of the findings on all the issues in support of its conclusion...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Evidence closed by order after granting eight effective opportunities including three last opportunities - Said order not challenged - Application for additional evidence is in fact a back door entry which will have the effect of setting aside the order of closing evidence - Moreover by way of additional..........
