Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Striking off defence - Validity - Written statement not filed within stipulated period - Defence struck off - Petitioner 72 years old - Held, one more opportunity granted to file written statement - Impugned order set aside - Petition disposed of without issuing notice to respondents with a view to impart..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Refusal to set aside ex parte decree - Order is revisable u/s 115 CPC - Writ petition under Art.227 Constitution of India, is not maintainable...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Implementation - Police aid - Court in exercise of its inherent power can grant police aid for implementation of the Court's order - Exercise of such power is necessary for the ends of justice or to prevent abuse of the process...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Trial Court failed to take note of relevant aspects and committed a grave error in rejecting reliable materials placed by prosecution - High Court as appellate Court analyzed the evidence and reversed the order of acquittal and found A1 and A2 guilty of offence u/ss 302 r/w S.34 IPC for murdering "R"..........
Criminal Procedure Code, 1973, Section 451 -- Release of vehicle - Motorcycle recovered from possession of son of petitioner - High Court summoned IO of the case and was asked to file a counter affidavit - In his counter affidavit IO mentioned that said motorcycle was stolen but there in nothing on record which may indicate the facts on the basis of which such opinion has..........
Civil Procedure Code, 1908, Order 41, Rule 23, Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Trial Court, notwithstanding the remand order continues to possess (except as circumscribed by the remand order, in the matter of enquiry into the issues) all the powers conferred on it by the Code...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Complaint - Order remitting matter to trial Court to dispose of case after affording an opportunity to respondent has been challenged in appeal filed u/s.378(4) - Held, impugned order of remand is neither an order of conviction nor acquittal and it does not..........
Criminal Procedure Code, 1973, Section 125(3), 128 -- Arrears of maintenance - Failure to pay - Imposition of civil imprisonment - Power of Magistrate - Held, in case a person chooses to file an application u/s.125(3) Cr.P.C. on every successive month on failure to get maintenance, she may get successive orders of imprisonment if person against whom warrant is issued fails..........
Criminal Procedure Code, 1973, Section 145 -- Complaint u/s 145 Cr.P.C. - Cognizance - Before taking cognizance Magistrate has to pass a preliminary order u/s 145(1) Cr.P.C. - If no such preliminary order is passed the defect can be cured within two months from the date of appearance of the parties before proceeding further - If no such order is passed proceedings are..........
Criminal Procedure Code, 1973, Section 145 -- Mere pendency of civil suit does not deprive the jurisdiction of the Magistrate to take action u/s 145 Cr.P.C. - If during the pendency of civil suit Court has not passed interim order affecting the right of the parties or where application for injunction was rejected or such suit was at a very initial stage, if there is..........
