Civil Procedure Code, 1908, Section 100, Order 43, Rule 1 -- Second appeal - Order sought to be challenged having been passed in a miscellaneous civil appeal u/s 104(1) r/w O.43.R.1(r) CPC is not a decree - Second appeal thereagainst not maintainable...........
Civil Procedure Code, 1908, Order 43, Rule 1(r), Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Appeal - Order granting or refusing a temporary injunction U.O.39.Rr.1, 2 CPC is an appealable order U.O.43.R.1(r) CPC...........
Civil Procedure Code, 1908, Section 104(2), Order 43, Rule 1(r) -- Appeal - Not maintainable against an order in appeal filed U.O.43.R.1(r) CPC - Once an appellate Court has exercised jurisdiction U.O.43.R.1(r) CPC, does not provide a further appeal under the same rule...........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW5 for further cross-examination - PW5 is a material witness and credibility of testimony of PW5 is going to have far reaching effect on outcome of case - Since at the time of cross-examination due to inadvertence or otherwise accused could not cross-examine PW5 qua some relevant aspect, in order to dispense justice..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Properties in question are prima-facie residential, commercial and industrial property as such, on the ground that some of disputed property is agricultural, whole plaint cannot be rejected U.O.7.R.11 CPC - Impugned order rejecting plaint, set aside...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and daughter - Minor husband - Husband at the time of filing of application was minor but at the time of passing of order granting maintenance he attained the age of majority i.e. approximately 20 years old - In such circumstances, before the date of attaining age of majority i.e. when he was minor, it was..........
Civil Procedure Code, 1908, Section 60(i), Order 21, Rule 48 -- Execution - Attachment of salary of Judgment Debtor - Executing Court while directing attachment of salary of JD failed to consider provisions of S.60(i) CPC, which specifically governs manner and extent of attachment of salary - Order of attachment of salary of JD, set aside - Executing Court directed to..........
Civil Procedure Code, 1908, Order 47, Rule 7(1) -- Review - Dismissal of application - Party aggrieved by rejection of review petition has to challenge the decree or order, as the case may be, and not the order of rejection of the review petition - However, in case review petition is allowed and the suit or proceeding is placed for rehearing then O.47.R.7(1) permits party..........
Family Courts Act, 1984, Section 19(2), Limitation Act, 1963, Section 5, Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144) - Maintenance proceedings u/s 125 Cr.P.C (S.144 BNSS) - Appeal - Condonation of delay in filing appeal - - Appeal is not maintainable against an order passed by Family Court in maintenance proceedings u/s..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Petitioner has sought amendment to bring on record certain particulars regarding transactions which is subject matter of suit - Proposed amendment are certain events that took place during pendency of suit - Truthfulness of contentions of proposed amendment need not be..........
