Criminal Procedure Code, 1973, Section 125 -- Ex parte maintenance order - Setting aside - Starting point of limitation for setting aside ex parte order of maintenance starts from the date of acquiring knowledge by a party about the said order and not from the date of order itself...........
Criminal Procedure Code, 1973, Section 125 -- Ex parte maintenance order - Setting aside - Service of summons - Family Court proceeded ex parte against husband after simply noting that registered cover notice issued received back with the report of refusal - Details of such refusal are missing in the said order - Moreover, there is total non-compliance of provisions of..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file a fresh one - Trial Court while allowing application has not recorded satisfaction that suit filed by plaintiff must fail by reason of some formal defect - There is also no finding that there are sufficient grounds for allowing plaintiff to institute a fresh suit - After a passage of..........
Criminal Procedure Code, 1973, Section 401, 402, 403 -- Revision - Filed by accused against order of refusal to discharge accused - Whether victim/complainant can be impleaded - Victim/complainant though has a right to be heard in revision proceedings, but have no right to be impleaded in said revision proceedings...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 54 -- Execution - Objections - Attachment of property - Agreement to sell executed in favour of DH during the pendency of suit for specific performance filed by petitioner - Same is thus, governed by principle of lis pendens - Petitioner has a prior/preferential right over the property as agreement to sell in his..........
Criminal Procedure Code, 1973, Section 439, 439(2) -- Cancellation of bail and challenging order granting bail - Difference - While considering the application for cancellation of bail, Court ordinarily looks for some supervening circumstances like tampering of evidence either during the investigation or during the trial, threatening of witness, accused likely to abscond..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Ex parte decree set aside on the basis of statement of registered power of attorney holder of plaintiff - Application by plaintiff to set aside such order as being the result of fraud played by power of attorney holder - Such assertion denied by defendant - In such circumstances, it was..........
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...........
Criminal Procedure Code, 1973, Section 439 -- Bail - If there are serious allegations against accused, even if he has not misused the bail granted to him, such an order can be cancelled by same Court that has granted the bail...........
