Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte eviction order - Setting aside - Service of summons - Petitioner No.1 not found at spot and his father refused to accept summons on behalf of his son - Held, when petitioner No.1 was not found at spot, Court should have made another effort to effect service on petitioner No.1 so that lis between parties was decided..........
Civil Procedure Code, 1908, Order 7, Rule 11, Court Fees Act, 1870, Section 7(vi), 7(c) - - Rejection of plaint - Suit for declaration that sale deed is null and void - Plaintiff not party to the registered sale deed - If plaintiff is not executant of sale deed he is not required to pay ad valorem court fee - Order dismissing application - Calls for no interference...........
Indian Penal Code, 1860, Section 467, 468, Criminal Procedure Code, 1973, Section 482 -- Quashing of summoning order - Execution of a sale deed in excess of one's authority does not per se amount to creation of a false document within the meaning of S.464 IPC - If what is executed is not a false document, there is no forgery - If there is no forgery, then prosecution for..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Sought on the ground that fact relating to proposed amendment could not be typed due to inadvertence on the part of counsel as well as typist concerned - Amendment disallowed by holding that on the basis of such contention, amendment of pleading cannot be allowed - Held, trial Court has examined the..........
Indian Penal Code, 1860, Section 420, 166, 167, 463, 464, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Petitioner, Sub-Divisional Officer, exercising jurisdiction under Rajasthan Tenancy Act and Land Revenue Act alleged to have conspired with other accused persons and got mutation in name of plaintiff for wrongful gains - No allegations made in FIR that..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Exercise of power by High Court - Held, though powers of High Court to re-assess evidence and to reach its own conclusions are as extensive as in an appeal against an order of conviction, yet as a rule of prudence, it should always give proper weightage and consideration to views of trial Judge as to..........
Criminal Procedure Code, 1973, Section 125, Evidence Act, 1872, Section 112 -- Maintenance - Illegitimate child - Husband's plea that he had no access to wife when child was begotten stands proved by DNA test report - Held, husband not liable to pay maintenance to child - Impugned order granting maintenance to child set aside - Appeal allowed...........
Indian Penal Code, 1860, Section 498A, 506, 34, Dowry Prohibition Act, 1961, Section 4, Criminal Procedure Code, 1973, Section 482 -- Quashing of order taking cognizance - Cruelty - Dowry demand - Absence of specific allegation of cruelty or harassment against petitioner Nos.3 to 6 - Statement of witnesses recorded by Magistrate u/s 202(2) Cr.P.C were general in nature -..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Cruelty - Mere allegation of hurling abuses cannot be termed to be cruelty within meaning of S.498-A IPC - Complaint is highly belated and appears to be instituted because of failure of complainant in her attempt to re-enter her matrimonial home - Held, proceedings..........
Criminal Procedure Code, 1973, Section 354, 386 -- Order imposing sentence - Interference with - Held, imposition of sentence is in realm of discretion of Court - Unless sentence is found to be grossly inadequate, appellate Court would not be justified in interfering with discretionary order of sentence...........
