Civil Procedure Code, 1908, Order 26, Rule 10A -- Scientific investigation - DNA Test - Paternity - Disputed by father - It is difficult nay impossible for the party alleging such paternity to prove it without any scientific investigation - It is a tumultuous task to prove such fact and equally intricate question for the Court to answer - But for a scientific..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of conviction - No allegation levelled against accused by deceased in her dying declaration - Accused dismissed from service because of conviction order passed against him - Irreparable loss caused to accused - Conviction order suspended with regard to the present petitioner...........
Civil Procedure Code, 1908, Section 13, 9, Hindu Marriage Act, 1955, Section 13, Specific Relief Act, 1963, Section 34, 35 -- Foreign judgment - Termination of marriage - Challenged on the ground that order is without jurisdiction, having been obtained by fraud and being violative of rules of natural justice and the provisions of Hindu Marriage Act, 1955 - Provision of..........
Criminal Procedure Code, 1973, Section 203, 2(d) -- Complaint - Rejection of complaint against some of the accused - When there are not sufficient grounds against a particular accused, complaint can be dismissed against him and the earliest stage to pass such an order is the one contemplated u/s 203 Cr.P.C. and not earlier...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit filed against a dead person - Amendment sought to implead son of defendant deceased - Amendment allowed by recording satisfaction as to bona fides of plaintiff in occurrence of mistake, keeping in mind the alacrity with which the plaintiff brought the amendment upon coming to know about true..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Application to set aside ex parte order is not maintainable after closure of evidence and when suit is posted for judgment...........
Criminal Procedure Code, 1973, Section 374, 376, Indian Penal Code, 1860, Section 64 -- Appeal - Maintainability - Order of compensation - Compensation which is treated as a fine in terms of S.64 IPC and a direction for imprisonment in default of payment of such compensation is appealable u/s 374 r/w S.376 Cr.P.C., as it was a `sentence of fine' for the purposes of such..........
Prevention of Corruption Act, 1988, Section 12, 7, 11, Criminal Procedure Code, 1973, Section 161, 164 -- Abetment of offence u/ss 7, 11 of the Act - Resiling of complainant from his previous statement recorded u/s 161 or S.164 Cr.P.C. - Cannot be said that he has abetted the accused who is facing trial u/ss 7, 11 of P.C. Act, so as to make complainant liable u/s 12 of..........
Civil Procedure Code, 1908, Order 6, Rule 18, Civil Procedure Code, 1908, Order 9, Rule 8 -- Order allowing impleadment of a party - Memo of parties not amended as directed by Court - Plaintiff absent - Suit dismissed - Non consideration of counter claim of third party - No prejudice caused to third party if their counter claim is not adjudicated in absence of plaintiff..........
Civil Procedure Code, 1908, Order 39, Rule 3, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Ad interim injunction - Order to issue notice to the opposite party - Order is not appealable...........
