Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Petitioner appeared on the very next date of passing ex parte order - Court was obligated to permit petitioner to join proceedings at that stage - Ex parte proceedings set aside...........
Protection of Women From Domestic Violence Act, 2005, Section 31 -- Registration of FIR u/s 31 of the Act - Police is not empowered per se to register an FIR u/s 31 of the Act - It is only on breach of an order passed u/ss 12 to 23 of the Act criminal liability u/s 31 of the Act arise...........
Caste certificate -- Validity - Pre-Independence document certifies that appellant's grandfather belongs to Koli Mahadev Tribe - Greater probative value thus, ought to be given to said document - However, on basis of presumptions and assumptions said document has been disbelieved - Order of Scrutiny Committee invalidating appellant's caste claim as well as impugned..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Husband filed divorce petition on basis of marriage being valid - However, by way of amendment husband sought additional grounds and plea of marriage declared to be void - Application does not seek amendments to be as alternative reliefs but as substantive prayers but without deleting earlier ones -..........
Criminal Procedure Code, 1973, Section 133, 138(2) -- Order passed u/ss 133, 138(2) Cr.P.C - Writ petition - Maintainability - Generally, an alternative revision mechanism is available against an order u/s 133 Cr.P.C passed by Magistrate - However, it does not create an absolute bar in invoking writ jurisdiction of High Court u/art 226 of Constitution...........
Criminal Procedure Code, 1973, Section 133, 138(2) -- Order passed u/ss 133, 138(2) Cr.P.C - Writ petition - There is no allegation with respect to violation of principles of natural justice - Even, petitioner could not establish her case with support of any documentary evidence, Court cannot go much beyond pleadings - Since order passed u/ss 133, 138(2) Cr.P.C after..........
Indian Penal Code, 1860, Section 376, 506, Criminal Procedure Code, 1973, Section 227 -- Rape - Discharge - Prosecutrix made a consistent case in her complaint and statement recorded u/s.164 Cr.P.C. that accused under the pretext of promise to marry continued to have sexual relationship with prosecutrix despite knowing from inception that inter-caste marriage was not..........
Indian Penal Code, 1860, Section 328, Criminal Procedure Code, 1973, Section 227 -- Administration of stupefying substance - Discharge - Nothing on record substantiates the claim of the prosecutrix that she had been administered any stupefying or unwholesome substance to attract the offence of S.328 IPC - Order of discharge for offence u/s 328 IPC upheld...........
Civil Procedure Code, 1908, Order 39, Rule 3 -- Ex parte ad interim injunction - Non-compliance of provision of O.39.R.3 Proviso (a), (b) CPC - If Court is satisfied of non-compliance by applicant with provisions contained in proviso then on being so satisfied would simply vacate ex parte order of injunction without expressing any opinion on merits of case leaving it open..........
Agreement to sell -- Specific performance - Order to deposit balance sale consideration - Issue of readiness and willingness is yet to be gone into and merely because agreement to sell has been admitted by parties would not be a ground to permit defendant to deposit the amount in Court - However, since the amount already stands deposited by defendant, therefore, amount so..........
