Civil Procedure Code, 1908, Order 9, Rule 13, Succession Act, 1925, Section 372, 373 -- Succession certificate - Minor a legal heir not impleaded as a party and steps not taken to ensure appointment of a lawful guardian - On publication of public notice minor could not get himself impleaded as a party and raised objections being legally incapacitated from taking such steps..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Lack of territorial jurisdiction - No objection taken as to territorial jurisdiction at first instance including at the stage of framing of issues as such said objection is deemed to have been waived - Order allowing application set aside...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Interim protection has already been granted to applicants in an order passed u/s 528 BNSS - There is thus, no apprehension of arrest of applicants - Anticipatory bail application, rejected - However, Rs.20,000 imposed on counsel for applicants, as he makes an attempt to deceive the Court...........
Election -- Election petition is to be decided on the basis of evidence available on record as may be led by parties - There is no scope of filing up of lacuna in proceedings relating to election petition - High Court committed error by remanding matter for taking fresh evidence, as such sweeping directions to call for witnesses and expert evidence cannot be passed when..........
Criminal Procedure Code, 1973, Section 482, 362 -- Recall of order - Rectifying an inadvertent error by recalling relevant portion of order does not amount to exercising power of review, rather constitutes a legitimate exercise of Court's inherent authority to correct accidental or clerical mistakes in order to prevent miscarriage of justice...........
Criminal Procedure Code, 1973, Section 482, 362 -- Recall of order - Recall does not involve a re-evaluation of merits of case nor does it amount to a judicial reconsideration of conclusions previously arrived at - Rather, it is invoked in circumstances where order of Court has been affected by an inadvertent procedural irregularity, accidental omission, clerical lapse or..........
Criminal Procedure Code, 1973, Section 482, 362 -- Recall of order - Exercise of recall does not partake the character of appellate or review jurisdiction - Rather, it constitutes a limited corrective authority inherent in every Court of record enabling it to rectify accidental errors and procedural aberrations so that judicial record may accurately mirror the true..........
Mutation -- Matter cannot be kept pending for unlimited period - Order should be given finality so that parties can adjudicate the matter before regular Court...........
Criminal Procedure Code, 1973, Section 340, 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, Ss.379, 144) - Perjury - Proceedings u/s 125 Cr.P.C. - Merely because wife exaggerated the income of her husband in order to claim maintenance u/s 125 Cr.P.C., it does not mean that such a statement on the part of wife warrants action u/s 340 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance to wife and minor son - Maintenance enhanced by Family Court from Rs.3500 to 8000 p.m in favour of wife and from Rs.1500 to 4,000 p.m in favour of minor son - Family Court appears to have exercised its discretion judiciously while determining enhanced amount of maintenance - Income of husband as stated to be..........
