Civil Procedure Code, 1908, Order 41, Rule 27(1)(b) -- Additional evidence at appellate stage - Documents sought to be produced are bank accounts which really are not clinching to put the controversy - Order allowing additional evidence, set aside...........
Criminal Procedure Code, 1973, Section 482, 173, 228 -- Quashing of proceedings - Charge sheet filed u/ss 406 & 420 IPC - Appellant lost his money which was kept in the car of first respondent - No offence u/ss 406 & 420 IPC is made out as no inducement was made by respondents to deliver the property and there was no entrustment of money - Case would fall u/s 379 IPC -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Vague allegation that wife is living in adultery - In order to refuse maintenance to wife, husband must prove continuous adulterous conduct on wife's part - Evidence of husband to this effect not very specific to prove continuous adulterous conduct on part of wife - Family Court, therefore, absolutely right in..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of a witness for further cross examination - While allowing recall of witness it was stated that questions appended to the recall petition appear to be genuine and required for just and proper adjudication of the matter in controversy and to clarify the ambiguities in the evidence - There is no mention as..........
Civil Procedure Code, 1908, Order 39, Rule 2A, Civil Procedure Code, 1908, Order 7, Rule 11 -- Violation of ad interim injunction - Application U.O.39.R.2-A for implementation of order of injunction and compensation for suffering damages of Rs.72 lacs, by attaching and selling property - Application in no way can be treated as suit for damages - No Court fee can be ordered..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third parties as co-plaintiffs - Where substantial relief sought for is against a dead person, applicants/third parties have no locus standi or legal right for seeking an order to implead them in suit and cannot raise a plea that plaint should not be rejected U.O.7.R.11(a), (d) CPC - Third parties, held, not..........
Civil Procedure Code, 1908, Section 56, Order 21, Rule 37 -- Arrest and detention in civil prison - Notice to show cause U.O.21.R.37 CPC cannot be issued in terrorem in order to frighten the judgment debtor who is a woman to squeeze out money from her when she enjoys protection against her arrest and detention - It is immaterial as to whether judgment debtor being a woman..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Plaintiff seeking cancellation of gift settlement deed and sale deed and also injunction, even though he is not party to any document - Court below without analyzing legal and factual situation and without assigning cogent reasons rejected proposal for amendment of pleadings - Order of rejection,..........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Appointment of receiver - If an order for maintaining status quo was passed a receiver can still be appointed where prima facie fraud played to gain possession of property emerges...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 41, Rule 3A -- Delay in filing appeal - Condonation of delay - Filing of an application for condoning delay of 1727 days without disclosing reasons and failure to pay court fee at the time of appeal discloses that there was total lack of bona fides in its approach - Delay condoned by High Court after..........
