Civil Procedure Code, 1908, Order 41, Rule 33 -- First Appeal - First Appellate Court can grant relief not prayed for in exercise of its discretion, when facts of such case demand its exercise - However, notice to parties shall be given while deciding appeal U.O.41.R.33 CPC...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation or re-investigation - De facto complainant has not been put on notice of final report filed in the case on completion of investigation - He thus, had a right to file a protest petition and seek further investigation - Mere technical error of mentioning re-investigation in protest petition, cannot take..........
Criminal Procedure Code, 1973, Section 41A, 202 -- Notice u/s 41-A Cr.P.C. - Cannot be issued to proposed accused by a police officer in the course of investigation u/s 202 Cr.P.C...........
Civil Procedure Code, 1908, Section 80(2), Order 39, Rule 1, 2, 3, Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Ex-parte interim order passed against Government, who is not party to suit - Without recording reasons and without issuing show-cause notice - Order passed is vitiated by illegalities and is hereby set aside - Petition allowed...........
Civil Procedure Code, 1908, Section 80(2) -- Suit against Government - Without issuing show cause notice - No interim order without issuing show cause notice be passed by Court against Government or its officers when notice required u/s 80(1) CPC is dispensed with exercising power u/s 80(2) CPC - Hence, order passed in violation of S.80(2) CPC itself is an illegality...........
Criminal Procedure Code, 1973, Section 340 -- Compliant u/s 340 Cr.P.C. - S.340 Cr.P.C. opens a venue for any citizen to bring to the notice of concerned Court regarding commission of an offence whenever S.195 Cr.P.C, is applicable...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant not properly served - Specific plea of defendant that he was not even residing at the address given when he was sought to be served - In that situation, heavy onus was on plaintiff to prove signatures of defendant on the notice issued by trial Court, which failed to do..........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Suit filed by person of unsound mind through his next friend - Trial Court declared plaintiff as person of unsound mind without conducting any enquiry or following the provisions of O.32.Rr.1 to 14 CPC - Besides this, there is no document or notice on record that plaintiff was suffering from any mental illness - Appellate..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 90 -- Auction sale - Setting aside - Proper publicity was given for auction sale in papers so also with the aid of beat of drums in locality - Details of valuation of property were duly mentioned - JD did not adduce any evidence nor brought any bidder to purchase the property for a higher price than purchase bid..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Document sought to be produced by way of additional evidence may have a bearing relevant for deciding controversy between parties - This document was not in possession of appellant at the time of trial and came to his notice at the stage of pendency of revision petition - Authenticity..........
