Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - At the instance of Juvenile - Not maintainable, as JJ Act is a comprehensive legislation containing all the provisions with regard to children in conflict with law and provisions of S.438 Cr.P.C thus, have no application being extraneous and incompatible with the JJ Act...........
Stamp Act, 1899, Section 33, 40, 47A -- Proceedings u/ss 33, 40, 47-A of the Act - Maintainable against an assessee even if no benefit has been derived from unregistered instrument of transfer...........
Criminal Procedure Code, 1973, Section 97, 362 -- Second application u/s 97 Cr.P.C - Barred by Res judicata - Wrongful confinement of child by father - Dispute between mother and father regarding custody of minor child which was forcibly taken by father - Whether such allegations are correct or not would depend on facts and circumstances of case, but if allegations..........
Criminal Procedure Code, 1973, Section 125, Family Courts Act, 1984, Section 19(4) -- Interim maintenance - Granted by Family Court - Revision u/s 19(4) of Family Courts Act is maintainable...........
Rajasthan High Court Rules, 1952, Rule 134 -- Intra Court appeal - Against appellate order of Single Judge is not maintainable u/r 134 of Rules of 1952...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of Civil Court jurisdiction - Amongst several prayers in a suit if for single prayer suit is maintainable, plaint cannot be rejected - Suit shall stand for that prayers to be maintainable before civil Court...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of civil Court jurisdiction - Ancillary prayer which may be viewed ousting jurisdiction of Civil Court, for rest of the prayers, suit is maintainable and entertainable - Plaint cannot be rejected...........
Criminal Procedure Code, 1973, Section 156(3), 397 -- Revision - Order rejecting application u/s 156(3) Cr.P.C - Revision against such an order is maintainable...........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Order refusing to appoint Local Commissioner - Does not decide any issue nor does it adjudicate any right or obligation of parties for the purpose of suit - Said order is therefore, not revisable - Revision not maintainable...........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Appointment of Local Commission - Application allowed - Revision thereagainst is maintainable even if jurisdiction has been exercised illegally and with material irregularity...........
