Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of party - Mere fact that plaintiff may be competent to file another suit against defendants is not sufficient to implead them as party in present suit - Order allowing impleadment set aside...........
Civil Procedure Code, 1908, Order 21, Rule 106 -- Scope - O.21.R.106 CPC provides remedy in case applications U.O.21.Rr.97, 99 CPC were dismissed in default and Court ordered for execution of decree U.O.21.R.23 CPC - It does not provide remedy for recalling the order dismissing execution application of DH in default - Appropriate remedy is to file an application u/s 151..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Compromise decree - Suit for permanent and mandatory injunction - JD contended that DH refused to co-operate in the sale of land as agreed in compromise deed that formed part of decree - However, DH specifically stated that he had not refused to sign the sale deed, as full amount was never paid to him, as..........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration of appeal - Appeal dismissed in default - Application filed within 30 days - Lower Appellate Court ought not to have dismissed appeal in utter haste on the very first day, rather, it could have issued notice to the party, since as per remand order appeal was to be decided within a period of 6 months - Even..........
Criminal Procedure Code, 1973, Section 401 -- Revision against acquittal - Maintainability - Only remedy available against order of acquittal is to obtain leave to appeal from High Court u/s 378(3) Cr.P.C. - Revision against the same not maintainable...........
Criminal Procedure Code, 1973, Section 372 -- Appeal against acquittal - Right of questioning the correctness of judgment and order of acquittal by preferring an appeal to High Court is conferred upon victim including legal heir and others, u/s 372 Proviso Cr.P.C. but only after obtaining leave of High Court as required u/s 378(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 437A -- Bail Bonds furnished by accused in consequence of order of suspension of sentence for appearance in this Court only - Whereas, purpose of bail bonds u/s 437-A Cr.P.C. is to secure presence of accused before higher Court as and when such Court issues notice in respect of any appeal or petition filed against judgment -..........
Criminal Procedure Code, 1973, Section 378(3) -- Appeal against acquittal - Leave to appeal - Refusal - No reasons assigned - Order does not set out the facts, submissions, reasons and findings - It is a case of total no, application of mind - Impugned order of High Court set aside - Case remanded to High Court for decision afresh in accordance with law...........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of written statement - Amendment sought to incorporate that petition u/s 9 of Hindu Marriage Act is not maintainable and Family Court has no jurisdiction to try the same - In the absence of any material on record, High Court unable to decipher as to whether trial has commenced when application for..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Acquisition proceedings - Applicant by way of additional evidence sought certain documents on the issue of land user of premises i.e whether it is residential or commercial - Said documents might have a bearing on final pronouncement, thus it cannot be rejected, merely on the ground..........
