Civil Procedure Code, 1908, Order 21, Rule 15(2) -- Execution - Joint decree holders - One of the joint decree holders can file execution for and on behalf of himself and other joint decree holders - However, Court has to safeguard interest of non party joint decree holder - Even when execution is filed by joint decree holders and one of the decree holders dies during..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Partition suit - Plaintiff is descendant from one of branches of common ancestor while respondents are alienees of property from members of other branch of same common ancestor - Not a case where there is no cause of action for plaintiff to seek partition - Order rejecting plaint set..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 307 -- Framing of charge - Offence u/s 307 IPC - In order to perceive offence u/s 307 IPC is made out or not, though roving inquiry is forbidden but ex-facie presence of injuries over the head is proved on record - Moreover, weapon used by accused can be clarified in trial - Material on record is..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Appeal - Stay of execution - Stay can be granted on satisfying the explanation of sufficient cause, subject to conditions of satisfying with substantial loss may result to party applied for stay, unless there is stay of execution and made applications for stay without unreasonable delay and has been undertaken by applicant..........
Civil Procedure Code, 1908, Order 47, Rule 1, Constitution of India, 1950, Article 137 -- Review - Financial hardship - Not a ground for review - However, in case of statutory corporation working in public interest is facing financial hardship, judgment and order may be reviewed...........
Civil Procedure Code, 1908, Section 73 -- Rateable distribution - In order to be entitled for rateable distribution, a decree holder must not only show that he has filed an execution petition before assets held by a Court were received but also he must satisfy the Court that he has not obtained satisfaction of decree...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte interim injunction - Appeal - No appeal lies against an ad-interim injunction order except in extra-ordinary circumstances, as to no, compliance of mandatory provisions, or rarest of rare case, where order is perverse or biased or it suffers from lack of jurisdiction - Moreover, jurisdiction of Court to examine..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Territorial jurisdiction - In its finding Court confusing territorial jurisdiction with cause of action - Territorial jurisdiction being questioned ought to have been looked into in the light of objection raised in the application U.O.7.R.11 CPC - Impugned order set aside - Matter remitted for decision..........
Civil Procedure Code, 1908, Order 43, Rule 1, Civil Procedure Code, 1908, Order 22, Rule 9 -- Rejection of application U.O.22.R.9 CPC by an appellate Court (not being High Court) - Order is appealable before High Court...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 354, 451 -- Quashing of order - Order framing charges u/ss 354, 451 IPC - Accused allegedly made an attempt to outrage the modesty of complainant - Plea of alibi was taken by accused - However, documents produced by accused in support of such plea are not per se admissible - Witnesses are required..........
