Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Amendment sought to oppose the suit instead of conceding the same - Amendment sought after one year of filing of written statement - Order allowing amendment set aside...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Once review petition is dismissed, doctrine of merger has no application - Aggrieved person has to challenge main order and not the order dismissing review petition...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Order of status quo - Both parties claiming title and possession - Court passed order of status quo by holding that it is difficult to reach to the conclusion as to which of the party is in possession over the suit property - Order upheld...........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Exercise of power by Sessions Court - Held, once Sessions Court takes cognizance of offence pursuant to committal order, only other stage when Court is empowered to add any other person to array of accused is after reaching evidence collection when powers u/s.319 Cr.P.C. can be invoked - There is no other..........
Criminal Procedure Code, 1973, Section 190, 156(3) -- Private complaints - Exercise of power by Magistrate - On receipt of complaint regarding commission of cognizable offences Magistrate can direct registration of crime and investigation thereof u/s.156(3) Cr.P.C. - Once crime is registered concerned investigating officer has to conduct investigation and to file final..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 24, 27 -- Appeal - Order of remand - Validity - Held, right of remand is an exceptional right and before exercising it, it is mandatory for appellate Court to examine materials available - In present case, appellate Court discussed issues framed but avoided to examine them and altogether framed another issues and remanded..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Courts held that objections are not maintainable - But how objections are not maintainable not mentioned - Held, objections relating to execution of a decree are to be decided by the Executing Court - Although it is not necessary that Executing Court is to frame issues but in case certain objections are..........
Civil Procedure Code, 1908, Section 151 -- Suit dismissed as withdrawn as matter was compromised - Conditions of compromise not mentioned - After dismissal of suit defendant did not adhere to the offer of compromise - Suit in its preliminary stage - Recall of order - Allowed - No interference in the order...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 43, Rule 1(a) -- Rejection of plaint - Order is appealable U.O.43.R.1(a) CPC - Revision petition dismissed as not maintainable...........
Civil Procedure Code, 1908, Section 151 -- Withdraw of suit - Recalling of order - Validity - While making statement before trial Court, plaintiff had not set out conditions of compromise and simply stated that the matter stood settled and, therefore, it wanted to withdraw suit - Stand of plaintiff about compromise was not opposed by counsel for defendants, who was very..........
