Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Extension of time to file written statement - CPC nowhere provides that on filing a Miscellaneous application, time to file written statement would be extended or excluded...........
Criminal Procedure Code, 1973, Section 125(1)(c) -- Maintenance to major unmarried daughter - An unmarried daughter even though she has attained majority is entitled for maintenance by virtue of S.125(1)(c) Cr.P.C, where such unmarried daughter is by reason of any physical or mental abnormality or injury is unable to maintain itself...........
Indian Penal Code, 1860, Section 450, 367(1), Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence u/ss 450, 367(1) IPC - Serious allegations are prima facie made out against accused - In such a case merely acting on affidavit filed by de facto complainant regarding settlement of offence, proceedings cannot be quashed - Petition for quashing..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 4 -- Ex parte interim injunction - Appeal - Defendant has a remedy to move application for setting aside ex parte order U.O.39.R.4 CPC - Appeal on behalf of defendant is not maintainable, hence, dismissed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Commercial Courts Act, 2015, Section 12A -- Ex parte interim injunction - Pre-institution meditation - Defendant is interfering in operation of petrol pump in question - There was thus an urgent need of interim relief - Provision of S.12-A of Commercial Courts Act not attracted...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Whether accused was capable of showing any favour to bribe giver is not of very importance, but the important thing is that whether accused had induced the bribe giver to give illegal gratification by making demand of the same or not - Impression in the mind of bribe giver is more..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand made by accused has not been challenged - Recovery of tainted money from the possession of accused coupled with the presumption as provided u/s 20 of the Act shows that prosecution has successfully proved the guilt of accused beyond reasonable doubt - Demand and acceptance of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - If for adjudication of real controversy between parties on record, presence of a third party is necessary then he can be impleaded...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Provision of O.1.R.10(2) CPC is very wide and powers of Court are equally extensive and Court may at any stage of proceedings order that name of any party who ought to have been joined as a plaintiff or defendant or whose presence before Court may be necessary in order to enable Court effectually and..........
Civil Procedure Code, 1908, Order 21, Rule 40(1) -- Execution - Arrest warrant - Order U.O.21.R.40 CPC passed without assigning any reasons and without considering any of contentions of JD - Cryptic order is passed which reveals total lack of reasoning and therefore, same is a non-speaking order, hence set aside...........
