Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Summons not served on defendant properly - Only an AD receipt of summons sent by registered AD post produced which did not bear any seal and signature of authorized person of Company - No interference is called for in order of trial Court setting aside ex parte decree...........
Criminal Procedure Code, 1973, Section 482 -- Order declaring proclaimed offender - Quashing of - Held, petitioner who is proclaimed offender and who has not submitted to jurisdiction of Court cannot invoke inherent jurisdiction of High Court u/s 482 Cr.P.C. - Petition dismissed...........
Criminal Procedure Code, 1973, Section 239, 240 -- Framing of charge - Duty of Court - Held, Magistrate is competent to frame charge on consideration of documents and other material attached with police report submitted u/s 173 CrPC and finding that a prima facie case has been made out - It is also well settled that at the stage of framing of charge, Court need not to pass..........
Criminal Procedure Code, 1973, Section 239, 240 -- Framing of charge - Judicial review - Held, revisional Court can examine correctness of the order framing charge by reference to documents referred to in S.239 and 240 CrPC and that Court could not quash charges on the basis of documents which accused may produce except in exceptional cases where documents are of..........
Civil Procedure Code, 1908, Order 43, Rule 1A - - Order allowing amendment of plaint - Revision petition filed by tenant assailing order of amendment passed by learned Appellate Authority was declined by this Court and that matter became final as it was not further challenged before Apex Court - Held, same order cannot be re-agitated before this Court in present case as..........
Civil Procedure Code, 1908, Section 89, Order 10, Rule 1-A -- Conciliation - It is mandatory for the courts to explore the process for conciliation as is provided for u/s 89 read with O.10.R.1-A CPC and in case subject-matter of dispute cannot be referred to or the parties are not consenting for that process, brief reasons are to be recorded therefor in the order...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Scope and jurisdiction of High Court - Held, scope and jurisdiction for quashing a complaint, as envisaged under Section 482 Cr.P.C. is not res integra - The power under this Section has to be exercised with great care and caution and on sound principle - These powers are not to be exercised to stifle..........
Civil Procedure Code, 1908, Order 9, Rule 13, Constitution of India, 1950, Article 226 -- Ex parte decree - Setting aside - No summons were served on respondent though a LTI has been affixed to denote that summons were served, but name of witnesses whose LTI endorsed on summons did not mention parentage, is also not there - Service report also pointed out that someone has..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 12 -- Eviction - Default of rent - Primary relief sought in respect of eviction on the ground of default of rent - Relief in respect of unauthorized occupant is an ancillary relief - Held, ancillary relief can be granted where composite cause of action arises - Provincial Small Cause..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Cancellation sought on ground of violation of one of the four conditions - Order of anticipatory bail never became operative as there was no arrest and there was no release on bail by furnishing bond as ordered - Accused was bound to follow the four conditions only on coming into operation of the order of..........
