Civil Procedure Code, 1908, Order 7, Rule 7 -- Relief claimed - True nature of - Determination of - Held, in order to determine the true nature of the relief claimed in a suit, the pith and substance and not the form in which the relief may be couched has to be considered...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte Decree - Setting aside - Plea that after restoration of suit to its original number, no summon was served on petitioner - However, petitioner after restoration of suit to its original number appeared on various dates and participated in proceedings - Even issues were settled in the presence of counsel of parties -..........
Criminal Procedure Code, 1973, Section 432, 389 -- Application for interim suspension of sentence or bail - Grounds for regular parole - Held, when application for interim suspension of sentence or bail is filed by a convict in a pending appeal, it is always open to the convict to seek suspension/bail from this Court on the grounds as provided for regular parole and the..........
Civil Procedure Code, 1908, Section 115, Order 21, Rule 36 -- Execution petition - Order directing delivery of possession to decree holder - Revision against - Mode prescribed for delivery of possession in case was provided under O.21.R.36, CPC - Thus, if disputed order would have been in favour of judgment debtor, proceedings would not get terminated - If at all..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Applicability in the same suit at a subsequent stage - Principle of res judicata is applicable not only in separate subsequent proceedings but also applies in subsequent stage of the same proceedings - Once an order made in the course of a proceeding becomes final, it is binding at the subsequent stage of that..........
Civil Procedure Code, 1908, Order 17, Rule 3 -- Closure of evidence - No witness produced despite three adjournments - No list of witnesses filed - Suit pending since 1983 - After amendment in CPC, instant writ petition filed and same pending since 2004 - Evidence closed by detailed order - Impugned order found just and proper - Upheld. Para 8)..........
Civil Procedure Code, 1908, Order 13, Rule 2 -- Application for taking documents on record - Since evidence of defendant was closed, there was no need to take the documents on record - Application dismissed - Order upheld...........
Criminal Procedure Code, 1973, Section 239, 240, 397, 401 -- Framing of charge - Revision against - Revisional Court can examine the correctness of the order framing charge by reference to the documents referred to in Ss.239 and 240 of Cr.P.C - Charge cannot be quashed on the basis of documents which accused may produce except in exceptional cases where documents are of..........
Criminal Procedure Code, 1973, Section 156(3), 397 -- Order directing registration of case and investigation - Order passed by Magistrate u/s 156(3) has already been executed and FIR has been registered against accused - Revisional Court, inspite of this fact entertained revision of accused and also stayed their arrest till submission of charge-sheet - Held, this was..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Court below has examined and analyzed evidence available before it to satisfy itself that a prima facie case against revisionist is made out - It has not considered the aspect as to whether on the basis of available evidence whether there is feasibility of conviction of revisionist or not -..........
