Civil Procedure Code, 1908, Order 38, Rule 11, Civil Procedure Code, 1908, Order 21, Rule 57 -- Attachment before judgment - Order of attachment passed before judgment ceased by closing of execution without any order regarding continuation of attachment order - Advantage of order of attachment before judgment passed in suit was thus, not available to DH in his subsequent..........
Criminal Procedure Code, 1973, Section 302 -- Permission to conduct prosecution - Quashing thereof - Magistrate vide its order permitted respondent No.1 to conduct prosecution - Respondent No.1 is the person aggrieved, whose compound wall is demolished - Hence, conduct of prosecution is given to best and safest hand - Order of Magistrate affirmed...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte order - Death of counsel - Proceedings finalised against petitioner ex parte - Categorical objection has also been taken by defendant while filing revision in question but Revisional Court has not taken any sympathetic view and no, suited the claim of defendant on merits - In order to meet the ends of justice and to..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Offence u/ss 304-B, 34 IPC - Court below summoned petitioners when examinatio, i, chief of complainant was mid way and was not complete - No witness from bank has come before Court who proved the account statement of complainant which proved the fact regarding demands of accused fulfilled by..........
Criminal Procedure Code, 1973, Section 374 -- Appeal against conviction - Defence evidence not discussed by High Court while passing order on merits in appeal - However, accused cannot blame High Court for this, since he failed to appear before High Court when matter was taken up for hearing - In the interest of justice accused is given liberty to argue his case before..........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Application moved by prosecutrix for her re-examination was dismissed on the ground that earlier statement given by her was under threat of CBI - Said order was not challenged for 2 years - Order challenged after application by accused u/s 311 Cr.P.C. was dismissed by trial Court - Petition filed by..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Report of refusal by process server on summons - Defendant ordered to be served through munadi and by beat of drums - Held, Courts should be careful whenever a report of refusal is received and not to order service through local proclamation in a routine manner...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court formulated six substantial question of law - High Court committed an error as it framed two additional questions in the judgment itself - It caused prejudice to the rights of the parties who suffered the adverse order, as it had no knowledge about framing of two additional questions inasmuch as they were..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment a party - Applicant was purchaser of suit land - Patta of plaintiff was revoked on applicant's objection with a direction to get decided the issue of ownership from competent Court - Trial Court was of view that applicant was entitled to be impleaded to enable it effectually and completely determine and settle all..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Declined - Order upheld by appellate Court - No perversity or illegality in the impugned order - Conclusions of Courts below that plaintiff constructed the shop in dispute contrary to the approved building plan sanctioned by the Nagar Palika, are based on findings of fact arrived at on objective..........
