Civil Procedure Code, 1908, Section 115 -- Revision - If a Subordinate Court exercises jurisdiction not vested in it by law or fails to exercise jurisdiction so vested, said order u/s 115 CPC is revisable - After amendment of CPC in 2002 w.e.f. 1.7.2002, said power is exercised u/art 227 of Constitution of India...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction - Setting aside - J.D never shown his fairness in entire proceedings - Objection that even by sale of lesser area of his land, Decree Holder will get his dues, not raised at the time of issuance of sale proclamation - Objection ought to have been raised at the stage when property in question was to be sold by auction..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Suit for specific performance - Subsequent purchaser - Impleadment is permissible where proposed party claims through vendor and under a subsequent agreement - It is necessary to join subsequent purchaser in order to ensure that when decree is passed, subsequent purchaser can be directed to join in..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought in pursuance of opportunity given by trial Court to petitioner to amend the valuation and pay proper Court fee while deciding application U.O.7.R.11 CPC for rejection of plaint - - Trial Court was not required to go into merits of amendment while considering amendment application -..........
Criminal Procedure Code, 1973, Section 439 -- Anticipatory bail - Though at the stage of granting bail a detailed examination of evidence and elaborate documentation of merit of case need not be undertaken but there is need to indicate in such order the reasons for prima facie concluding why bail was being granted particularly where accused is charged of having committed a..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of anticipatory bail - Application dismissed - Second application for anticipatory bail filed after change of roster and listed before another ADJ, which was allowed - Custodial interrogation was necessary to bring out all the material information, particularly, to ascertain the documents which were alleged to..........
Indian Penal Code, 1860, Section 302, 498A, 34, Criminal Procedure Code, 1973, Section 313 -- Murder - Examination of accused - High Court committed error by setting aside Trial Court judgment of conviction and remanded the matter back for retrial decision afresh on the ground of defective examination of accused u/s 313 Cr.P.C - However, accused did not raise any question..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Payable from the date of application - For awarding maintenance from date of application, express order is necessary - No special reasons are required to be recorded...........
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13, 7 -- Ex parte decree - Appeal there against - Appellate Court committed no error by refusing to examine the validity of ex-parte order but examined the validity of judgment passed by Trial Court - Concurrent findings of Courts below rightly found to be in favour of plaintiff - First Appellate Court having heard the..........
Criminal Procedure Code, 1973, Section 439 -- Second Bail application - Ground of parity - While granting bail to co-accused it was clarified that said bail order shall not be considered for purpose of parity by other accused - However, specific direction has also been issued to Court below to decide the case expeditiously - Trial not yet concluded inspite of specific..........
