Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Money decree - Arrest and detention of JD - Property was under dispute with JD`s own son, who challenged order of attachment and Court stayed execution proceedings - No material on record to show JD fetched any income from that property - Therefore, Court cannot arrive at satisfaction that JD..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Earlier application of wife for maintenance dismissed - Subsequent application for maintenance is not maintainable as it tantamounts to review of earlier order of rejection of application...........
Criminal Procedure Code, 1973, Section 311A -- Specimen signatures - When given voluntarily by any person including accused, without there being an order from Court, will not vitiate the analysis...........
Criminal Procedure Code, 1973, Section 311A, Indian Penal Code, 1860, Section 364A -- Specimen signatures - Ransom note - Kidnapping for ransom - Signatures on ransom forwarded to expert for analysis voluntarily by accused without an order of Magistrate, which is not in accordance with law - Same in opinion of Court would only be curable irregularity u/s 460 Cr.P.C and not..........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Abetment of suicide - High Court prematurely quashed FIR without proper investigation being conducted by police - Court abridged investigation which needed to ascertain certain factual assertions made in FIR concerning existence or no, existence of any prior mental..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Suit for damages - Case of intentional assault - In case of accident civil court has no jurisdiction - However if it is a case of intentional assault and not an accident then civil court has jurisdiction to try the suit - Owing to the prevailing confusion, nothing in concrete terms can be said as of..........
Criminal Procedure Code, 1973, Section 190, Indian Penal Code, 1860, Section 366, 376, 120B -- Summoning of additional accused - Offence u/ss 366, 376, 120-B IPC - Story put forth by prosecutrix in statement recorded u/s 164 Cr.P.C. is nothing but absolute creation of imagination - Moreover, it is a case of a mature married woman, married against her wishes, eloping with..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Closure of opportunity to file written statement - Defendant was not keeping well and could not sign written statement and also could not attend the Court below - Said fact was brought to notice of Court below, but despite request made by counsel for defendant, he was not been granted opportunity to file..........
Civil Procedure Code, 1908, Order 40, Rule 1, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Order of appointment of receiver - Order is appealable U.O.43.R.1(r) CPC...........
Civil Procedure Code, 1908, Order 40, Rule 1, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Appointment of receiver - With condition to deposit amount - Order of appointment takes with it liability to pay amount as stipulated - It goes as a single package - Obligation or burden imposed alone cannot be severed - If party so appointed is not willing to comply with..........
