Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Non-disclosure of cause of action - Suit for declaration and injunction - Plaint clearly disclosed various facts and reliefs - Whether plaintiff succeeds or not can be ascertained only after full fledged trial - At this stage, trial Court cannot conclude that suit is not maintainable - Impugned order..........
Civil Procedure Code, 1908, Order 16, Rule 10 -- Closure of evidence for non appearance of summoned witnesses - No finding recorded as to whether bailable warrants were served upon the witnesses - It was obligatory on the part of trial Court to issue non bailable warrants of their arrest or Court should have adopted some other coercive steps by writing to the SSP concerned..........
Hindu Marriage Act, 1955, Section 19, 13, Civil Procedure Code, 1908, Section 24, Order 18, Rule 3, 4 -- Transfer of case - Matrimonial matters - Directions issued: (i) that in matrimonial or custody matters or in proceedings between parties to a marriage or arising out of disputes between parties to a marriage, wherever defendants/respondents are located outside the..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Death of wife of applicant - Case registered on the basis of anonymous letter after more than a month - Immediately after death of deceased, her parents were informed about death and they did not lodge any complaint against applicant - Even father-i, law of applicant has in a sworn affidavit stated that..........
Criminal Procedure Code, 1973, Section 482 -- Re-opening of concluded proceedings - Not permissible - Such attitude and conduct should be met with an iron hand by Courts in order to teach a lesson to such persons, who invoke the jurisdiction of Court unnecessarily to harass their opponents...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Rejection of - Justifiability - Wife living separately from her husband, as she was ousted out from the house of her husband on being harassed and tortured on demand of dowry - No evidence on record that eye disease of wife is incurable, as contended by husband - Besides this, wife trying to get..........
West Bengal Premises Tenancy Act, 1997, Section 7(1)(a), 21, Civil Procedure Code, 1908, Order 8, Rule 1 -- Eviction petition - Non-acceptance of written statement - Opposite party prayed for eviction claiming petitioner as his licencee and said licence was already revoked before filing of suit then onus to prove said status would be lying upon opposite party - Similarly,..........
Criminal Procedure Code, 1973, Section 125, Contempt of Courts Act, 1971, Section 10, 12, Hindu Marriage Act, 1955, Section 25 -- Interim maintenance to wife granted by Supreme Court - Husband not obeying order despite adequate means - Husband guilty of contempt of Court...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Non-framing of substantial question of law - Suit for permanent injunction and declaration - Questions raised in second appeal did constitute substantial questions of law within the meaning of S.100 CPC - High Court unfortunately did not examine any of issues much less in its proper perspective - High Court..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand of case - Suit for declaration - High Court while dismissing the appeal and suit as partly decreed by Trial Court held that plaintiff was not able to prove his title to land in suit due to no, examination of his vendor - All that High Court in such circumstances should have done was to remand the case to trial Court..........
