Criminal Procedure Code, 1973, Section 190, 204, 173 -- Summoning of accused not named in charge sheet - Court can take cognizance against persons not named in charge sheet - However, in the instant case Court ordered issuing of summons to such accused and also ordered that their names should be included in the charge sheet - Court can order issuance of summons instead of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit land is joint and defendant was trying to usurp best portion of same without getting it partitioned as per plaintiff - However, defendant has raised a specific plea that suit land stood partitioned and partition had been implemented - Appeal filed against order of partition was dismissed in..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte decree - Setting aside - Plea that counsel did not inform applicant of further proceedings - No absolute rule that a party can disown its Advocate at any time and seek relief - No such absolute immunity can be recognized - Such an absolute rule would make the working of system extremely difficult - Order..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Parties have not led their evidence and there was no issue before Court that require elucidation - Trial Court committed error while appointing Commissioner U.O.26.R.9 CPC - Order of appointment of Commissioner set aside...........
Criminal Procedure Code, 1973, Section 311, 397 -- Revision - Not maintainable against an order passed u/s 311 Cr.P.C...........
Civil Procedure Code, 1908, Order 21, Rule 11 -- Execution - Property situated at Jaipur - Execution petition filed at Jaipur - Order directing to furnish transfer certificate set aside - Executing Court directed to decide execution application...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While deciding application Court not considered three basic issues i.e. suit is barred by limitation, suit not disclosed cause of action and lastly on the basis of insufficient Court fee on the basis of improper valuation - Order rejecting application set aside - Matter remitted back to trial Court for..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - An order which is tarnished by patent illegality or perversity and which does not assign reasons for the order can definitely be set aside in proceedings u/s 439(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - An order granting bail based on irrelevant material or an order which does not take into consideration relevant material can also be cancelled in exercise of powers u/s 439(2) Cr.P.C...........
Specific Relief Act, 1963, Section 38, 39, Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for perpetual and mandatory injunction - Framing of suit was not an issue before trial Court and first appellate Court - Non-suiting plaintiff by High Court on that ground is unsustainable - High Court ought to have accepted plaintiff's case by appreciating documents..........
