Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Delay satisfactorily explained - Order dismissing delay condonation application set aside - Trial Court to decide application U.O.9.R.13 CPC expeditiously in accordance with law...........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Three issues viz. (a) issue relating to inherent jurisdiction; (b) limitation; (c) pecuniary jurisdiction tried as preliminary issues - Once the Court came to a conclusion that it does not have pecuniary jurisdiction to entertain the suit, it ought not to have proceeded for rendering the decision on the..........
Criminal Procedure Code, 1973, Section 167(2), 173(8) -- Right to statutory bail - When can be claimed? - Held, right to statutory bail u/s.167(2) CrPC can be claimed by an accused only when investigating officer fails to conclude investigation within specified period - No step taken or not taken by Court creates right or keeps it alive - Once charge-sheet is submitted..........
Criminal Procedure Code, 1973, Section 167(2), 173(8) -- Statutory bail - Charge-sheet submitted but cognizance not taken on or before date when accused refused bail and remanded to custody - Court directed further investigation in the matter - Second charge-sheet submitted by investigating officer because of order of Court directing further investigation and not because..........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Unsoundness of mind - Real enquiry is required to be held to ascertain the unsoundness of mind before deciding the application U.O.32 CPC for appointment of next friend - Enquiry means : (1) questioning a lunatic by the Judge himself in open Court or in chambers, in order to see whether he is really a lunatic or of unsound..........
Criminal Procedure Code, 1973, Section 482 -- Inherent powers - Quashing of summoning order - Complaint against accused u/ss 452, 323 and 504 IPC - Magistrate took cognizance and issued summoning order against accused after having found prima facie case - Held, inherent power cannot be exercised when factual foundation of any offence was laid against accused - Summoning..........
Criminal Procedure Code, 1973, Section 9(6), 11(1) -- Place of sitting of Judicial Magistrate - Held, State Government may after consultation with High Court notify place of sitting of Judicial Magistrates - Sessions Judge cannot shift place of sitting of Judicial Magistrate - Administrative order passed by Sessions Judge shifting place of trial from Civil Court to jail..........
Civil Procedure Code, 1908, Section 115 -- Revisional jurisdiction of High Court - After amendment of S.115 CPC, the remedy of revision against interlocutory orders are excluded - However, High Court can interfere with such orders in exercise of its supervisory jurisdiction under Article 227 of Constitution of India over Subordinate courts to do equity and to set at naught..........
Indian Penal Code, 1860, Section 406, 420, 120B, Criminal Procedure Code, 1973, Section 482 -- Criminal breach of trust and cheating - Quashing of proceedings - Sale of joint property by suppressing certain facts - Nothing on record to show that complainant was dishonestly induced to deliver the property in question by making false or misleading representation - No..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Wife alleged to be living in adultery `with some person' but that person not pin pointed and even whereabouts of that person not disclosed - There was no inkling of his identity - No evidence to substantiate the allegation of adultery against wife - Impugned order declining maintenance set aside - Matter remitted..........
