Civil Procedure Code, 1908, Section 24(1)(b)(i) -- Transfer of case - District Judge or High Court has to pass an order specifically withdrawing the suit, appeal or other proceedings pending in any Court subordinate to it...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Eviction suit - Plaintiff himself has come out with a case that tenancy was for a godown - Defendant moved application U.O.7.R.11 CPC alleging that premises was not a `building', suit could not have been instituted in the Court of Small Causes - Court of Small Causes rejected said application and..........
Criminal Procedure Code, 1973, Section 482 -- Inherent jurisdiction - Quashing of proceedings - If on bare reading of case, offence is made out, then, no order can be made for quashment of criminal prosecution - Such criminal prosecution at initial stage can only be quashed in rarest of rare matter where it is proved that same lodged maliciously or vexatiously in order to..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Trial Court assessed rent - Conduct of tenant not to deposit rent - Tenant consistent defaulter - From the conduct of tenant it is clear that he had been playing the game of hide and seek - Defence struck off - Order upheld...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1(d), Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Held, order rejecting an application u/s 5 of the Limitation Act filed in proceeding initiated U.O.9.R.13 of the Code is an appealable order...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1(d), Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Held, order dismissing application u/s 5 of the Limitation Act - Is an appealable order - Revisional proceedings under any provisions of law would not lie against said order...........
Criminal Procedure Code, 1973, Section 204, Criminal Procedure Code, Section 204, Copyright Act, 1957, Section 63 -- Copyright - Infringement of - Summoning order - Validity of - Magistrate summoned accused by passing order which stated that there was sufficient evidence to proceed against accused for offence u/s 63 of Copyright Act and S.420 IPC - Challenge thereto -..........
Protection of Women From Domestic Violence Act, 2005, Section 31, Criminal Procedure Code, 1973, Section 125 -- Breach of order of monetary relief - Prosecution of husband u/s 31 - Validity - Held, offence which is created by S.31 is specifically in regard to breach of protection order or an interim protection order - It does not include monetary relief - Provisions of..........
Criminal Procedure Code, 1973, Section 482 -- Quashment - Criminal proceedings - Allegation in FIR prima facie not disclosing commission of any offence - Complaint appears to have vexatiously and maliciously involved petitioner in order to wreak vengeance - Held, such reckless and malafide FIR deserves to be quashed...........
Criminal Procedure Code, 1973, Section 210 -- Further inquiry/proceedings - Stay - Legality - There is no investigation by police officer with respect to offence in progress in relation to the same offence, which was subject matter of inquiry before Magistrate, after registering the information/complaint as FIR by concerned police officer or investigation being carried out..........
