Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Writ petition - Necessary party - Concept of necessary party in a purely Civil Suit and a Writ Petition cannot be one and the same - Scope of necessary party in a Writ Petition is much wider than in the Civil Suit - Persons to be vitally affected by order to be passed by Writ Court are necessary..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Writ petition - Necessary party - Persons to be vitally affected by order to be passed by Writ Court are necessary parties...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Interim order of deposit of rent - Trial Court without deciding an application for temporary injunction passed order directing vendee to deposit the rent - It was not appropriate to pass such an order directing vendee to deposit rent after collecting it from tenants particularly when sale deed has..........
Civil Procedure Code, 1908, Order 21, Rule 54(1), 66 -- Execution - Attachment of property - When only one of attached properties was sufficient to satisfy the decree there was no requirement for effecting sale of entire attached property...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Simpliciter withdrawal of suit without liberty to file a fresh suit - There was no reason for Court to deny withdrawal - Plea that suit should not have been allowed to be withdrawn without notice to them deserves to be rejected...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence u/s 3(1)(r) of SC/ST Act - Offence is neither committed in public view nor committed at public place - No member of public was present at the time of incident - Provision of S.3(1)(r) of the Act not..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleading - Plea without proof and proof without plea is no evidence in the eyes of law...........
Indian Penal Code, 1860, Section 376(2)(g), 506(1) -- Rape - PWs on account of a long gap between examination-in-chief and cross-examination, were won over by accused and they resiled from the version as deposed in the examination-in-chief which fully incriminates the accused - However, evidence of victim and her mother, aunt when tested with FIR, statement recorded under..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Dominus litis - This principle does not apply when presence of a party before Court may be necessary in order to enable it to effectually and completely adjudicate and settle all the questions involved in the suit...........
Indian Penal Code, 1860, Section 364A, 307, 34, Arms Act, 1959, Section 27(1) -- Offence u/ss 364-A, 307, 34 IPC - Nothing on record to indicate that there was any demand of ransom from his family - PW4 was allegedly hit by bullet, however nothing on record to indicate and prove that PW4 was taken to any hospital - Moreover, non-examination of I.O and doctor and absolute..........
