Criminal Procedure Code, 1973, Section 437 -- Bail - Magistrate while rejecting bail application has given detailed reasons for the same - Filing of application u/s 482 Cr.P.C for challenging order rejecting bail, amounts to second bail application - Application rejected...........
Criminal Procedure Code, 1973, Section 82 -- Proclamation - Proclamation was issued by Court on 10.9.2019 and case was adjourned to 26.6.2019 - As 30 days had not elapsed from the date of proclamation, case was adjourned to 30.10.2019 on which order of proclamation was passed - Order declaring proclamation cannot be quashed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 384, 389, 406, 120B, 34 -- Quashing of FIR - Cheating - Aspect about complicity of a person who was involved in the forgery is a disputed question of fact and the same will have to be addressed after a proper appreciation of evidence which can be done only during trial and not at such a..........
Protection of Women From Domestic Violence Act, 2005, Section 29, Criminal Procedure Code, 1973, Section 397, 401 -- Order u/s 29 of PWDV Act - Revision - Maintainability - Person aggrieved by an order of Sessions Court u/s 29 of PWDV Act can prefer a criminal revision petition, as procedure prescribed for an application u/s 12 of PWDV Act is as per Cr.P.C and appeal..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 4 -- Ex parte interim injunction - Appeal - Defendant has a remedy to move application for setting aside ex parte order U.O.39.R.4 CPC - Appeal on behalf of defendant is not maintainable, hence, dismissed...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Filing of affidavits of assets and liabilities of rival parties is pertinent and essential - In the absence of the same, order dismissing application, set aside...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Quantum of maintenance - Filing of affidavits of assets and liabilities of rival parties is pertinent and essential - Family Court granted maintenance to wife without seeking affidavits of assets and liabilities of rival parties - Impugned order set aside...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Provision of O.1.R.10(2) CPC is very wide and powers of Court are equally extensive and Court may at any stage of proceedings order that name of any party who ought to have been joined as a plaintiff or defendant or whose presence before Court may be necessary in order to enable Court effectually and..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Survey Knowing Pleader Commissioner - When there is dispute over boundary and possession over suit land, Court could not order for appointment of Survey Knowing Pleader Commissioner, as Commissioner could not be appointed to collect evidence on behalf of parties - Application rightly rejected...........
Civil Procedure Code, 1908, Order 21, Rule 40(1) -- Execution - Arrest warrant - Order U.O.21.R.40 CPC passed without assigning any reasons and without considering any of contentions of JD - Cryptic order is passed which reveals total lack of reasoning and therefore, same is a non-speaking order, hence set aside...........
