Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Fake encounter or death caused by torture by police officers - Prima facie version of prosecution is found to be correct that since it is a case of fake encounter there is no requirement of sanction - However, it would be open to accused persons to adduce evidence in defence and to submit such other..........
Civil Procedure Code, 1908, Order 41, Rule 21 -- Re-hearing of appeal - Appeal can be re-heard if Court is satisfied that notice was not duly served or applicant was prevented by sufficient cause from appearing in appeal...........
Civil Procedure Code, 1908, Order 41, Rule 21 -- Re-hearing of appeal - It is for Court to decide whether there was any ground for re-hearing of appeal because ex parte judgment and decree - For that purpose, Court is to see whether notice was duly served or that applicant was prevented by sufficient cause from appearing on the date of hearing and if Court thinks so, it..........
Civil Procedure Code, 1908, Order 22, Rule 4, 5 -- Impleading L.R's - L.R's impleaded without giving notice to them - Mandatory provision of law and interest of justice not complied - Impugned order quashed - Court below directed to first give an opportunity to show cause to the proposed L.R's and after hearing to pass an order afresh...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Counsel pleaded no instructions - Court is required to issue notice to defendant - Nothing on record that counsel after pleading no instructions sent an intimation to his client - Moreso three witnesses of plaintiff were present for cross examination but counsel did not cross examine and..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of limitation - Suit for specific performance - Legal notice issued by seller calling upon plaintiff to make balance payment within 7 days of receipt of legal notice with stipulation that if plaintiff failed to do so then seller would cancel the agreement and forfeit the earnest money - On expiry of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Before a new party is impleaded notice must be issued to proposed party and not after Court comes to conclusion that proposed party is a necessary party - However, even if a party is impleaded without issuing any notice to it, an opportunity to file application U.O.1.R.10(2) is always available to such..........
Civil Procedure Code, 1908, Order 1, Rule 10, Constitution of India, 1950, Article 227 -- Impleading a party - Application rejected by trial Court - Writ petition filed U/Art. 227 of the Constitution - In the writ petition, a notice must be issued to the proposed party as in case writ petition is accepted and it is held that proposed party is a necessary party, opportunity..........
Civil Procedure Code, 1908, Order 15A, Rule 2(As -- Striking off defence - Failure to deposit arrears of admitted rent every month - Court has power to strike off tenant's defence after giving him show cause notice U.O.15A.R.2 CPC...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Ex parte appointment - It should be made clear in the order itself that Commissioner has to give notice to the parties before making inspection and it is duty of Commissioner to comply with the same and if it is not possible for Commissioner to give notice, he must state that fact in the report -..........
