Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit for recovery - Leave to defend - While granting leave to defend Court imposed condition to give bank guarantee of Rs.15 lac within a period of one month - Defendant raised triable issues in his defence - Reasons not given for concluding that defence is either sham or illusory or is merely a moonshine - Court is..........
Civil Procedure Code, 1908, Section 151 -- Judgment or order obtained by fraud - Court can recall its own order - (a) Any judgment or order obtained by fraud cannot be said to be a judgment or order in law and such judgment decree or order is nullity and non est in the eye of law and can be challenged even in collateral proceedings; (b) Fraud is an act of deliberate..........
Civil Procedure Code, 1908, Order 9, Rule 13 - - Ex parte decree - Setting aside - Partition suit - Final decree - Fresh summons need not to be served after passing the preliminary decree - Passing of preliminary decree does not decide the suit finally - Preparation of final decree is continuation of the same suit - Cause shown for non appearance is false - Order..........
Criminal Procedure Code, 1973, Section 362 -- Recall or review of order - Order acquitting petitioner dictated in open court but had not been signed - Held, in view of S.362 Cr.P.C., recall of order by High Court is proper...........
Criminal Procedure Code, 1973, Section 195(1)(b)(i), 195(1)(b)(ii), , Section 193, 196, 420, 120B - - Fabrication of order of High Court by accused in a writ petition - Complaint filed u/s 195(1)(b)(i) and (iii) by Deputy Registrar of High Court before Special Judicial Magistrate without any authorization by High Court - Held, complaint is not valid - Magistrate cannot..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 397, 401 -- Absence of sanction to prosecute - Case consigned to record - Consigning of case to record is an interlocutory order - Revision against interlocutory order is not maintainable...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Averments made in plaint as a whole has to be seen in order to find out as to whether Clause (d) of Rule 11 of Order 7 CPC is applicable...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Revision against order allowing application for attachment before judgment - Plea that defendant is not disposing of the property - In case defendant is not disposing of property then he has no grievance at all to file revision even if impugned order is passed and property is ordered to be..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Dispute between parties as to survey number in which disputed property is situated - Dispute can be resolved by appointing a Commissioner to localize the same by getting survey conducted through a Surveyor - Order allowing application, upheld...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of operation of the judgment, order and decree - It has the same effect as stay of execution of decree - Power of stay of operation of judgment, order and decree may not be technically available U.O.41.R.5 CPC but is traceable to S.151 CPC - Wherever any judgment, order and decree is likely to visit a party with civil..........
