Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 43, Rule 1, Civil Procedure Code, 1908, Section , Order 9, Rule 8 -- Delay - Condonation - Delay in preferring appeal against order dismissing application for restoration of suit dismissed in default - Court to adopt summary procedure by directing parties to file affidavits and counter affidavits of the..........
Indian Penal Code, 1860, Section 304A, 284, 338, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 304-A, 284, 338 IPC - Petitioner already compensated the family of the victim and he is fully satisfied - FIR and order taking cognizance quashed...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Security for protection of property - Application U.O.38.R.5 for security for protection of property - Petitioner again moved an application stating that since no guarantee or security has been paid by respondents, the property of respondents be attached - Prior to the filing of aforesaid application respondents had already..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Substitution of legal heirs - Writ petitions were filed against orders passed in suit rejecting an application for appointment of a Civil Court Commissioner and rejecting an application U.O.6.R.17 CPC as civil revisions against those orders were not maintainable - Legal heirs of sole deceased plaintiff were allowed to be..........
Criminal Procedure Code, 1973, Section 256, 482 -- Absence of complaint - Rejection of application filed by accused u/s 256 Cr.P.C. - Legality - Order of Magistrate does not contain any reason whatsoever as to what were the reasons which made it proper to adjourn hearing of the case instead of dismissing on account of absence of complainant -Revisional Court has itself..........
Negotiable Instruments Act, 1881, Section 138,142, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Examination of complainant on oath, in an offence u/s 138 of the Act, is mandatory - Held, order taking cognizance without examination of complainant on oath is illegal - Set aside...........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3 -- A person, even though not a party to the suit, can invoke the inherent jurisdiction of the Court seeking recall of the order recording a compromise decree obtained by the parties to the suit collusively and fraudulently vitally affecting the rights of the said person...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Obtained by fraud by suppressing material facts from Court - Court under its inherent power can set aside such order of compromise...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 41, Rule 21 -- Ex parte decree - Setting aside - Sale deed was executed in favour of "R" - "R" was not arrayed as party either at the stage of the suit or at the appellate stage and a judgment was rendered against her - Trial Court allowed the application and set aside the ex parte decree -..........
Criminal Procedure Code, 1973, Section 125 -- Grant of maintenance - Exercise of power - Held, power to order interim maintenance u/s.125 Cr.P.C. has been conferred only upon Judicial Magistrate under statute - Assistant Sessions Judge does not have such power of executing Magisterial Powers conferred under Cr.P.C., thus, he cannot entertain application u/s.125 Cr.P.C. for..........
