Mutation -- Writ petition against order passed in mutation proceedings is not entertainable u/art 226 of Constitution - Writ petition dismissed...........
Civil Procedure Code, 1908, Order 18, Rule 3, 4 -- Recording of evidence through video conferencing - Matrimonial dispute - Wife is residing in USA and because of her nature of job, she was unable to come to India for her evidence - Dismissal of application without giving any reasons - Impugned order set aside - Application allowed...........
Election -- Disparity in count of votes - Order of recount of votes - Allegation that there is a disparity in count of votes informed to appellant and that finally disclosed in the official form - Deliberate attempts have been made to benefit the ultimate victor such as use of police force to remove appellant from vicinity of polling area - Diary of Presiding Officer of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance, permanent injunction and cancellation of sale deed - Sale deed as well as agreement to sell was executed by defendant No.1 who is still alive - Impleadment of son and daughter of defendant No.1 as party defendants by trial Court is erroneous - Order allowing application..........
Criminal Procedure Code, 1973, Section 482 -- Application for permission to go abroad dismissed - Issuance of lookout circular - Quashing of order - Petitioner has been granted interim protection from arrest - Case is related to matrimonial dispute - Investigation can still take some time to complete and thereafter trial shall also take considerable time which may stretch..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of accused - High Court in exercise of its revisional jurisdiction set aside the order of the Trial Court rejecting the second application under Section 319 of the CrPC and directed the Trial Court to reconsider the application under Section 319 - Court was conscious that the trial had concluded, yet to do substantial..........
Contempt of Courts Act, 1971, Section 2(b) -- Disobedience of undertaking given to Court by Advocate not to sell the property - Undertaking given was made an order of Court - Alienation of property despite express orders of Court amounts to Contempt of Court - Contemnor was 63 years of age and today must approximately be of 68 years of age - Impugned order modified and..........
Contempt of Courts Act, 1971, Section 2(b) -- Disobedience of undertaking given to Court by Advocate not to sell the property - Undertaking given was made an order of Court - Alienation of property despite express orders of Court amounts to Contempt of Court - Contemnor was 63 years of age and today must approximately be of 68 years of age - Impugned order modified and..........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Proclamation issued by trial Court without recording reasons of its belief that petitioner has absconded or is concealing himself - Court is first required to record its satisfaction before issuance of process u/s 82 Cr.P.C - Non-recording of satisfaction itself makes such order suffering from incurable..........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Sole purpose of issuance of non-bailable warrants or issuance of proclamation is to secure presence of accused before trial Court - Since petitioner has himself come forward and has undertaken to appear before trial Court on each and every date of hearing, order declaring petitioner as proclaimed person as..........
