Civil Procedure Code, 1908, Section 47 -- Execution - Objections to draft sale deed - Time to file objections is given to JD but no objections to draft sale deed was filed - No sufficient cause/valid reasons for JD/petitioner to seek further extension of time for filing objections to draft sale deed - Delay tactics adopted by JD is proverbial - Objections rightly rejected...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Survey Knowing Pleader Commissioner - When there is dispute over boundary and possession over suit land, Court could not order for appointment of Survey Knowing Pleader Commissioner, as Commissioner could not be appointed to collect evidence on behalf of parties - Application rightly rejected...........
Civil Procedure Code, 1908, Section 51(c), Order 21, Rule 21, 30 -- Execution - Money decree - There is no bar in law to proceed simultaneously against the person and property of JD in execution of a decree...........
Civil Procedure Code, 1908, Order 21, Rule 40(1) -- Execution - Arrest warrant - Order U.O.21.R.40 CPC passed without assigning any reasons and without considering any of contentions of JD - Cryptic order is passed which reveals total lack of reasoning and therefore, same is a non-speaking order, hence set aside...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to children - Mere fact that mother is a working lady and she has her own income, that does not absolve father of his legal and moral responsibility to maintain his children - Father rightly directed to pay maintenance to children...........
Criminal Procedure Code, 1973, Section 156, 482 -- Defective investigation - Investigation is still at a very nascent stage, and petition appears to have been filed prematurely without awaiting its outcome - Ordinarily, in cases of grievances arising from unfair or improper investigation of an FIR, aggrieved person can seek recourse by approaching a superior police officer..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband contended that he met with an accident and because of that he is completely bed ridden - However, disability certificate relied upon by husband is a temporary certificate and same is not proved on record - Moreover, in the absence of medical report that husband is confined to bed, he cannot escape..........
Criminal Procedure Code, 1973, Section 439, Prevention of Money Laundering Act, 2002, Section 4 -- Bail - Money laundering - Appellant is more than 75 years of age and has already suffered actual incarceration for 4 years and 9 months - Bail granted to appellant with conditions...........
Civil Procedure Code, 1908, Order 16, Rule 10 -- Witness - Non appearance - Where a witness fails to comply with summons of Court and evidence of said witness is material, then in such a situation, Court is required to take coercive steps including issuance of warrants, moreso when party leading its evidence has done all that is in their hand for summoning them through the..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Relationship between petitioner as erstwhile tenant and landlord not in dispute - Fixation of fair rent confirmed upto Apex Court - Hence, for recovery of fair rent, suit is filed which needs no further deliberation - Leave to defend rightly rejected...........
