Rent and Eviction -- Ex parte proceedings - When opposite party is set ex parte, he is not forbidden to take part in the further proceedings of the case - It is open to him to join and participate in the proceedings at a later stage by accepting the events which had taken place in the interregnum as they stand...........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Can be delivered only with the leave of Court and the party shall not deliver more than one set of interrogatories to the same party, without the order of Court...........
Civil Procedure Code, 1908, Order 11, Rule 1, 11 -- Interrogatories - If opposite party omits to answer interrogatories or provides insufficient, vague, or evasive responses, applicant has two options : (i) He can apply to Court for leave to deliver a fresh set of interrogatories if it is helpful to pinpoint shortcomings in the reply; (ii) Second course open to him is to..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Quashing of order of cancellation of bail and issuance of non-bailable warrants - Explanation offered by petitioner for his non-appearance is justified - Sole purpose of non-bailable warrants is to secure presence of accused before trial Court and petitioner himself came forward and has undertaken to appear before..........
Prevention of Money Laundering Act, 2002, Section 44 -- Offence u/s 44 of the Act - Appellant is in custody from 8.8..2024 - Order taking cognizance has been set aside by High Court and a fresh application for taking cognizance is yet to be heard by special Court - Custody of appellant cannot be continued - Direction issued that appellant be produced before Special Court..........
Civil Procedure Code, 1908, Section 89 -- Meditation - Mediation has to be by consent of both the parties - Mediation cannot be thrusted upon either of parties - Moreover, when High Court itself, on more than one occasions in the contempt proceedings, had found that the State was bound to comply with the writ of mandamus issued by it and had also issued notice to Chief..........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Sole purpose of issuance of non-bailable warrants or issuance of proclamation is to secure presence of accused before trial Court - Since petitioner has himself come forward and has undertaken to appear before trial Court on each and every date of hearing, order declaring petitioner as proclaimed person and..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence at appellate stage - Application U.O.41.R.27 CPC allowed prior to deciding the main appeal - Order allowing application set aside on this short ground - First Appellate Court directed to consider the application U.O.41.R.27 CPC r/w S.151 CPC for additional evidence afresh along with main..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, 75 -- Quashing of order of issuance of non-bailable warrants - Application for exemption from personal appearance was filed by petitioner - However, trial Court while rejecting said application, straight away proceeded to issue non-bailable warrants against petitioner - Rejection of said application amounts to an..........
Service -- Compassionate appointment - Lower courts directed the appellant to appoint respondent on the basis of decision given by SC in Canara Bank v M Mahesh Kumar - However, the lower appellate court failed to consider the criteria of stability while directing the appointment of respondent - Decision of lower courts set aside, with direction to appellant to pay Rs. 2.5..........
