Civil Procedure Code, 1908, Order 22, Rule 5 -- Legal representatives - Determination of question as to who is legal representative - An order on the substitution application U.O.22.R.5 CPC is only for the limited purpose of representation of the estate of the deceased in a pending proceeding for the purpose of adjudication of that case - Such determination for such..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6 -- Amendment of written statement - Equitable set off - Plea of equitable set off is independent of provisions of CPC - It is different from legal set off and is sought when there are mutual debits or credits or cross demands arising out of same transaction - Such plea cannot be..........
Criminal Procedure Code, 1973, Section 256(1), 255(1) -- Non appearance of complainant - Acquittal of accused - After accused pleaded not guilty, acquittal of accused can be only u/s 255(1) or 256(1) Cr.P.C. as the case may be, and there is no other provision in between, to order acquittal of an accused on the ground of absence of complainant or otherwise...........
Criminal Procedure Code, 1973, Section 258, 167(5), Indian Penal Code, 1860, Section 447 -- Trespass - Summon case - Discharge of accused - Validity - Held, after issuance of summoning orders by Magistrate, accused could not be discharged or acquitted midway without permitting parties to lead any evidence - In summoning cases, there cannot be question of discharge as there..........
Criminal Procedure Code, 1973, Section 125(2) -- Maintenance - It is not mandatory to record reasons to order that maintenance is payable from date of application...........
Criminal Procedure Code, 1973, Section 125(2) -- Maintenance - When order is silent as to the date from which maintenance is payable then maintenance is payable from the date of order...........
Civil Procedure Code, 1908, Order 7, Rule 10, Hindu Marriage Act, 1955, Section 19 -- Return of plaint - Jurisdiction - Court at place `J' does not have jurisdiction merely on the plea that parties visited the village which comes under the jurisdiction of Court at place `J' - By visiting village `G' for ceremony, parties cannot confer jurisdiction upon Court at place `J'..........
Criminal Procedure Code, 1973, Section 202 -- Enquiry - Accused living beyond jurisdiction of Magistrate - Magistrate has examined complainant on solemn affirmation and two witnesses and only thereafter he had directed for issuance of process - Held, no error in order issuing summons...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - High court committed an error in quashing the complaint against respondent No.3 without hearing the appellant co-accused and without impleaded him as party in the writ petition filed by respondent No.3 as their alleged roles are interconnected - Held, There is clear violation of principles of natural..........
Criminal Procedure Code, 1973, Section 202 -- Enquiry - Accused living beyond jurisdiction of Magistrate - Magistrate has examined complainant on solemn affirmation and two witnesses and only thereafter he had directed for issuance of process - Held, no error in order issuing summons...........
