Civil Procedure Code, 1908, Order 7, Rule 10, Civil Procedure Code, 1908, Order 41, Rule 1 -- Return of plaint - Order is appealable U.O.43.R.1 and not U.O.41.R.1 CPC - Decree, even if wrongly drawn, cannot make it appealable U.O.41.R.1 CPC - Second appeal does not lie...........
Criminal Procedure Code, 1973, Section 319, 482 -- Additional accused - Summoning of - Quashing of order - Held, at the time of summoning accused u/s.319 Cr.P.C., Magistrate is not required to enter into detailed discussions on merits or demerits of the case - He is only to see whether there exists sufficient ground for proceeding against accused and process issued u/s.319..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - When ex parte decree is challenged then automatically the order proceeding ex parte would be deemed to have been challenged - There is no specific rule that at the time of challenging the ex parte decree, the order proceedings ex parte has also to be separately challenged...........
Criminal Procedure Code, 1973, Section 451 -- Release of truck on Superdari - Magistrate reviewed his own order and cancelled the order vide which the truck was ordered to be released on Superdari - Held, Magistrate is not competent to review his own order...........
Criminal Procedure Code, 1973, Section 451 -- Release of truck on Superdari - Evasion of tax and cheating Excise and Taxation Department - Truck ordered to be released on Superdari - Magistrate reviewed his order and cancelled the order releasing vehicle on Superdari - Held, Magistrate cannot review its own order - Secondly ETO had no locus standi to file an application..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Declined by trial Court - Granted by Appellate Court substituting its own views - Order of Appellate Court set aside - View taken by trial Court does not indicate that the view taken is not a possible view - Appellate Court should not have substituted its own views in the matter merely on..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aide - Conduct of petitioners is that they were assured by their lawyer that they would be informed about the outcome of the case but actually they were not informed - When this fact came to the knowledge of the petitioners immediately, an application was moved for setting aside ex parte decree -..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - The order accepting replica on record is an interlocutory order and it does not in any way decide any rights of the parties which may result in miscarriage of justice...........
Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, Section 29(3), Maharashtra Rent Control Act, 2000, Section 34(4), Civil Procedure Code, 1908, Order 23, Rule 1, 3 -- Unconditional withdrawal of suit filed under Rent Act - Application for unconditional withdrawal of suit - Rejection of application by trial Court - Revision against - Maintainability - Held,..........
Indian Penal Code, 1860, Section 498A, 406, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 173 -- Offence u/ss 498-A, 406, 504 & 506 IPC and Ss.3/4 Dowry Prohibition Act - Territorial jurisdiction - Act of dory demand and harassment was either made at Lucknow or at Jaipur - No mention in FIR that offence was committed partly at..........
