Protection of Women From Domestic Violence Act, 2005, Section 12 -- Maintenance to wife - Order directing wife to file a list of properties belonging to husband - Revision thereagainst not maintainable, as said order is interlocutory order and cannot be challenged by filing revision petition...........
Criminal Procedure Code, 1973, Section 362 -- Review - Application seeking permission to file a review at the instance of a person who was not a party to criminal proceedings is not maintainable in a criminal appeal...........
Criminal Procedure Code, 1973, Section 362 -- Review - Application seeking permission to file a review at the instance of a person who was not a party to criminal proceedings is not maintainable in a criminal appeal...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Not filed alongwith application - In absence thereof it is impossible for Court to know what exactly is sought to be pleaded in proposed rejoinder - Order granting leave to file rejoinder set aside...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Not warranted on account of averments already present in plaint - Order granting leave to file rejoinder set aside...........
Civil Procedure Code, 1908, Section 100 -- Decree against transferor - Leave to file second appeal by transferee pendente lite - Plaintiff has succeeded in proving his title through original owner and applicants are claiming through transferor/respondent no.5 who acquired title from legal heirs of original owner - However, in view of transfer of title by original owner in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Extension of time for completing investigation - Special Judge granted extension of 10 days time in favour of prosecution to file challan without recording any specific reasons for further detention of accused beyond period of 180 days - Mandatory requisites as prescribed u/s 36-A(4) of the Act, not..........
Criminal Procedure Code, 1973, Section 482 -- Petition u/s 482 Cr.P.C against conviction - Maintainability - Accused is challenging conviction and sentence passed by trial Court by exercising power u/s 255 Cr.P.C - Therefore, accused is required to file appeal u/s 374(2) Cr.P.C before Sessions Judge where first appellate Court required to re-appreciate evidence on record..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff simultaneously intended to prosecute two suits on same cause of action and to go to any extent to secure ex parte injunction behind the back to caveator - Trial Court committed error by permitting plaintiff to file another suit while earlier suit was pending and to grant injunction without..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit in case of necessity - Suit is at final stage - Petitioners after 10 years of litigation cannot be permitted to withdraw suit at their will causing prejudice to other side...........
