Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Rejection - Dispute between parties are primarily a dispute between partners of firm - Allegation against accused is that he had taken away income tax files relating to partnership business from advocate when he was not authorized to do so at all - Petitioner was aware about identity of..........
Civil Procedure Code, 1908, Section 115, Order 16, Rule 1 -- Dismissal of application U.O.16.R.1 CPC - Revision thereagainst does not lie as such order does not qualify to be order which finally decides lis between parties...........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Ex parte order - Application cannot be allowed by relying upon contents of application which is supported by affidavit when same is belied by documents placed on record - Moreover grant of costs is not panacea in such a case - Impugned order setting aside ex parte order, set aside...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Plaintiff cannot be allowed to lead evidence in rebuttal to rebut the evidence adduced by defendant on the issues the burden to prove of which was on plaintiff as in order to discharge his onus, plaintiff is required to lead evidence in affirmative...........
Civil Procedure Code, 1908, Order 43, Rule 1(j), Civil Procedure Code, 1908, Order 21, Rule 92 -- Appeal - Order of confirmation of sale in execution proceedings - Does not fall within the scope and ambit of O.21.R.92 CPC, particularly when such order nowhere discloses that any application was made and it was disallowed, thus not appealable U.O.43.R.1(j) CPC...........
Civil Procedure Code, 1908, Order 21, Rule 90, 92 -- Auction sale - JD not questioned the process of attachment or sale/auction on any grounds contained in O.21.R.90 CPC or any other Rule - Order of confirmation of sale was passed - JD held, caught by estoppel and waiver and cannot now question the process of attachment and auction of property...........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Offence u/ss 304-B, 498-A, 201 IPC - After perusing judgment and depositions of witnesses and considering findings on which order of conviction is based and also considering the further fact that this case is a case of term imprisonment and accused was on bail during trial and..........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 1 -- Appeal - Order dismissing application U.O.20.R.18 R/W O.15.Rr.1, 2 and S.151 CPC - Appeal against such order is not maintainable, as order under appeal was passed on an interlocutory application for passing a preliminary decree and Court did not conclusively determined the rights of parties - Proper remedy is to..........
Civil Procedure Code, 1908, Order 21, Rule 89, 64 -- Auction sale - Sale proceeds - Immovable property under auction sale was secured assets of respondent No.2 under Securitization Act, 2002 - Thus, respondent No.2 has valid preferential right to claim sale proceeds for recovery of secured debts - Impugned order directing to make payment of sale proceeds to respondent No.2..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Preliminary issue - Probate proceedings - Issue as to caveatable interest - Preliminary issues are triable before proceedings are treated as a full fledged suit under order of judge concerned - Preliminary issue does not relate to validity or legality of Will sought to be probated but only to issue whether caveator has an..........
