Criminal Procedure Code, 1973, Section 427(1) -- Concurrent running of sentences - Accused convicted in nine separate and distinct cases - All the convictions took place on same day - However, no specific direction was issued by trial Court within ambit of S.427(1) Cr.P.C so as to allow subsequent sentences to run concurrently - Sentences imposed on accused in nine..........
Motor Vehicles Act, 1988, Section 166 -- Road Accident - Delay in disposal of claim cases - Directions issued: (i) On receiving the intimation regarding road accident by use of a motor vehicle at public place, SHO concerned shall take steps as per S.159 of the M.V. Amendment Act; (ii) After registering the FIR, I.O shall take recourse as specified in the M.V. Amendment..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Original suit filed by defendant for permanent injunction whereas plaintiff filed SCC suit - Jurisdiction of both the suits are quite different - No evidence to establish that Court in which original suit is pending is also competent to try SSC suit - Proceeding of Small Cause Courts is summary in nature -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Income tax returns subsequent to the filing of application of maintenance cannot be considered for determining interim maintenance...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Suit for Restitution of conjugal rights - Earlier suit for restitution of conjugal rights filed by husband was dismissed as not pressed in absence of a valid marriage - Husband not entitled to file a fresh suit on same set of facts for restitution of conjugal rights - Subsequent suit for restitution of..........
Will -- Proof of - Plaintiff contended that his grandmother after cancelling earlier Will in favour of defendants executed Will in his favour - However, attesting witness of Will in favour of plaintiff stated that testatrix was not in her sound state of mind at the time of execution of Will - Serious doubt arises as to why testatrix just before her death has chosen to..........
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Withdrawal of suit without permission to file fresh suit - Subsequent suit filed on different cause of action - Subsequent suit not barred either U.O.23.R.1(4) or O.2.R.2 CPC even though earlier suit related to same property and between the same parties...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Doctrine of res judicata is attracted not only in separate proceedings but also at subsequent stage of same proceedings...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Provision of S.10 CPC is applicable to suits only...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchasers - Suit for specific performance - Petitioners purchased the disputed land during pendency of suit proceedings that too when there was restraint order against defendant not to sell suit property - Moreover, no relief was claimed by plaintiff against petitioners - Petitioners being..........
