Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Issues - Parties not at issue on any material question of law or fact - Court may at once pronounce judgment...........
Civil Procedure Code, 1908, Order 20, Rule 4(2) -- Judgment - Points for determination - When a defendant fails to appear or file a written statement, Court cannot dispense with points for determination altogether...........
Civil Procedure Code, 1908, Order 20, Rule 4(2) -- Judgment - Points for determination are Court's restatement of disputed questions (issues) that were placed before it and judgment must answer each - They serve to concentrate Court's reasoning and ensure completeness of adjudication...........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Unsoundness of mind - Medical examination of spouse - Matrimonial Court possesses sufficient power to direct medical examination in case decree for divorce u/s 13(1)(iii) of the Act is sought - However, such an order can be passed upon Court satisfying itself as to existence of ground on basis of evidence tendered..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While deciding application U.O.7.R.11 CPC Court is required to consider only averments/pleadings as made in plaint and not the defence as set up by defendant...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - Jurisdiction of a Court while considering bail is confined to assess whether accused should be released pending investigation or trial and to impose conditions to ensure fair investigation or trial and as such it does not extend to adjudicate in civil rights or directing recovery of alleged dues...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - Granted with condition directing sale of immovable property of accused - Jurisdiction of Court while granting bail is not to decide civil rights or disputes or impose conditions which virtually grant the final civil relief which complainant may be urging - Such conditions would be alien to bail provisions...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - Granted with condition directing sale of immovable property of accused - Neither BNSS or Cr.P.C. enables a Court at the stage of bail or investigation to direct sale of immovable property belonging to accused for settlement of alleged claims...........
Criminal Procedure Code, 1973, Section 482, 156(3), Constitution of India, 1950, Article 226 -- Quashing at threshold - High Court while exercising its inherent jurisdiction must remain circumspect in interfering with an order u/s 156(3) Cr.P.C. and ought to intervene only where it is evident that order lacks any legal foundation, suffers from perversity or that the same..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Court has power to act suo moto and Court can exercise power if it is of view that circumstances warranting exercising powers u/s 311 Cr.P.C. exist - It is immaterial that circumstances have been brought to notice of Court by complainant or by any other person - Application at the instance of complainant..........
