Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908 -- Interim - Power of court - Circumstances in which such power can be exercised - Held, power to make an interim order is, except where it is specifically taken away by the statute, implicit in the power to make a final order - It is exercised by the authority who has to make final order or an..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Parties entering into compromise in an eviction petition - Civil suit filed seeking specific performance of compromise entered into between parties - Rent Act conferring exclusive jurisdiction in Rent Tribunal and ousting jurisdiction of Civil Court in maters relating to disputes between landlord and..........
Civil Procedure Code, 1908, Order 41, Rule 3-A, Limitation Act, 1963, Section 12 -- Appeal - Limitation - Exclusion of time spent in obtaining certified copy of judgment - There is no period prescribed for obtaining certified copy of order - Once application is made within prescribed period of limitation, then time spent in preparation and supply of copy is excluded in..........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance - Change in circumstances - Alteration therein - Held, a perusal of provisions of S.127 of Cr.P.C. makes it clear that where once an order for maintenance is passed u/s 125 of Cr.P.C. amount can be increased or decreased by change of circumstances of person receiving, or of person paying the amount - Change in..........
Negotiable Instruments Act, 1881, Section 138, 143(3), Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Proceedings challenged after almost two years of summoning order passed by trial court - Held, S.143(3) of NI Act, 1881, requires that the trial shall be conducted as expeditiously as possible and an endeavour shall be made to..........
Criminal Procedure Code, 1973, Section 200, 399, 401(2), Indian Penal Code, 1860, Section 323, 506 -- Complaint u/ss 323, 506 - Dismissed by trial Court - Summoning order passed by Sessions Judge in revision without affording an opportunity of hearing to accused - An order prejudicial to the interest of accused, without giving an opportunity of hearing, cannot be passed in..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for permanent injunction - Encroachments made during pendency of suit - Amendment sought at the stage of last opportunity for leading evidence by plaintiff - Plaintiff unable to demonstrate with reference to some prima facie material that encroachment alleged had been made by defendant during..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Grant of - - While issuing notice on 30.06.2008, Court directed stay of arrest of appellant - Complainant had filed an application for impleadment as a party respondent in this case - Nobody appears today to press this application - Held, in the facts and circumstances of this case said order is made..........
Criminal Procedure Code, 1973, Section 145(1), 146(1), 397 -- Order passed u/ss 145(1) and 146(1) of the Code are not orders simplicitor - Revision against such an order is maintainable depending on the facts involved in each case...........
Civil Procedure Code, 1908, Order 47, Rule 5 -- Review - By the same Judge/Judges, Bench - If the Judges who made the order in regard to which review is sought continue to be the Judges of the court, they should hear the application for review and not any other Judges unless precluded by death, retirement or absence from the Court for a period of six months from the date..........
