Civil Procedure Code, 1908, Section 146, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleading a party - Transferee pendente lite - If the person sought to be impleaded as party is legal representative of a party to the suit, it is sufficient for Court to order impleadment/substitution of such person - A transferee pendente lite is a legal..........
Criminal Procedure Code, 1973, Section 133 -- Public nuisance - Removal of mobile towers - Installation of mobile tower of BSNL just 200 feet away creates no public nuisance - Moreover, there is no objection certificate issued by Gram Panchayat - Exercise of powers u/s 133 Cr.P.C. which is extra ordinary remedy cannot be exercised for general problems - No error in order..........
Criminal Procedure Code, 1973, Section 190(1)(b) -- Cognizance of offence - If there is reason for Magistrate to differs with opinion of police report expunging the case by submitting final report/closer report, he has three options: (1) to order further investigation u/s 156(3) Cr.P.C.; (ii) to accept the police report and drop the proceedings against accused by accepting..........
Criminal Procedure Code, 1973, Section 190, 156(3) -- Cognizance of offence - Magistrate can order further investigation when he forms opinion that investigation has not been properly and fairly conducted or police report is not based on full and complete investigation - However, while ordering further investigation, Magistrate cannot direct or call upon police to submit..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Defendant proceeded ex parte - Setting aside ex parte order - (i) No limitation is prescribed for setting aside ex parte order; (ii) In view of facts and circumstances of case, there is no requirement of issuing notice to the respondents as it will unnecessarily entail unnecessary expenses and delay the matter; (iii) However,..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Validity - Prosecution sanction issued after approval of higher authorities - Note-sheet prepared by Dy. Secretary reveals that he has taken into consideration material available on record and came to conclusion that prima facie case is made out - Said..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree of divorce - Setting aside - Wife sent a letter to Family Court at place `J' expressing that she was unable to travel upto place `J' and to defend proceedings there - She was also making efforts to approach Supreme Court by filing a petition for transfer of case - No finding recorded by Family Court while..........
Criminal Procedure Code, 1973, Section 340 -- Complaint u/s 340 Cr.P.C. - Perjury - Appellant was merely appointed as a supervising officer to investigate and look into the overseas properties and investments of Badals - Evidence on record shows that he duly carried out search function and also prepared a source report qua the same - Only because the witnesses turned..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex-parte order - Setting aside - Summons duly served - Defendant was mislead by his brother that he has engaged counsel and was made to sign several blank papers and was assured that he need not attend Courts - Plea of mislead for over 14 years does not appear to have any substance and application having been filed at the..........
Civil Procedure Code, 1908, Order 39, Rule 11 -- Access to child granted to husband - Breach of order by wife - No specific finding is recorded by Court below while striking off the defence of wife that there was breach of any particular order passed earlier in relation to grant of access, nor any specific finding of willful and deliberate disobedience of orders of Family..........
