Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 25 -- Remand of case - Validity - Appellate Court remanded case to trial Court without reversing findings recorded by trial Court on issues framed by trial Court and without finding retrial necessary - Appellate Court also failed to frame any issue which according to it, trial Court had failed to frame - Nor it called for..........
Criminal Procedure Code, 1973, Section 378 -- Dowry death - Order of acquittal - Interference with - Held, interference against an order of acquittal should not be a matter of course - However, where trial Judge commits a jurisdictional error, appellate Court is entitled to interfere and correct error - In present case, trial Judge arrived at a conclusion that death was..........
Criminal Procedure Code, 1973, Section 227, Wild Life (Protection) Act, 1972, Section 51, 51(1A), 57 -- Discharge of accused - Validity - Accused alleged to have committed offence of illegal transportation of prohibited item - No reasons given as to why accused had been discharged - Reading of impugned order shows that no objection was taken by complainant on prayer made..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Pre-existing order under Criminal Procedure Code for payment of maintenance, does not oust the jurisdiction of Civil Court to allow maintenance pendente lite u/s 24 of the Act...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleading a party - Pendente lite purchaser - If a judgment is binding upon a person it is necessary to hear him before passing the judgment - After transferring the property the transferor loses all the interest in the property - If transferee is not impleaded, the other side..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 468, 471, 420 -- Quashing of proceedings - Validity - Complaint u/ss 420, 406, 468 & 471 IPC - Issuance of summoning order by Magistrate - Quashing of proceedings by High Court on ground that dispute is of civil nature - High Court failed to record any reason for holding that dispute is of civil..........
Civil Procedure Code, 1908, Order 21, Rule 89 -- Calculation of amount to be deposited by JD - Challenge to - High Court found calculation in order but chose to give one opportunity to judgment debtor to deposit the amount - Held, exercise of discretion by High Court cannot said to be erroneous or contrary to Law - No interference is called for - SLP dismissed in limine...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Deletion of defendants No.6 to 8 as parties to the suit - Defendants No.6 to 8 are not necessary parties to suit - Defendants No.6 to 8 joined solely in order to defeat the arbitration clause between plaintiff and defendants No.1 to 4 - Right conferred u/s 8 of Arbitration Act is a valuable right which cannot be allowed to..........
Civil Procedure Code, 1908, Section 115 -- Exhibit of document - Objection - Respondent No.1/plaintiff examined as PW2 placed on record Ex.P2 and Ex.P3 i.e. attested copies of neonda bahis - Petitioner/defendant filed application that exhibited documents which were not per se admissible may be marked - Dismissal of application - Challenge to - Held, petitioner could not..........
Criminal Procedure Code, 1973, Section 200, 201, 202, 203, 204 -- Issue of process or summons - Order is intermediary or quasi final in nature and not interlocutory in nature - Aggrieved party has remedy of revision either in High Court or District Court...........
