Civil Procedure Code, 1908, Section 54 -- Partition - Equal distribution - One of the stipulations of proposed partition was maintaining possession of the shareholders - Appeal thereagainst dismissed by Collector - Revision against order of Collector allowed by Commissioner by holding that changes can be made in the mode of partition and the possession of the parties can..........
Criminal Procedure Code, 1973, Section 482 -- Criminal proceedings - Quashing of - Exercise of power by High Court - Held, words 'nothing in the Code' used in S.482 being a non obstante clause, gives it an overriding effect over other provisions in the Code of Criminal Procedure - Words 'or otherwise to secure the ends of justice' implies that sometimes High Courts can..........
Criminal Procedure Code, 1973, Section 451 -- Release of goods - Application rejected by Magistrate as well as by Sessions Judge on the plea that investigation was pending - Held, rejection not proper - Magistrate could ask for appropriate security and could ask police to prepare inventory of goods before release - Court below directed to reconsider matter and pass fresh..........
Criminal Procedure Code, 1973, Section 227, 228 -- Taking cognizance and framing charge - While taking cognizance Court is concerned with the existence of a prima facie case - However, while framing charge Court moves a step further - Court is concerned with the existence of a strong prima facie case, or of a grave suspicion, pointing to the fact that the offence may have..........
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Ex parte decree - Setting aside of - Remedy available - Held, ex-parte decree can be challenged both U.O.9.R.13 and u/s 96 of the Code - There was no bar in pursuing both the remedies simultaneously - Limitation for the purposes of availing the said two remedies is also different - An application U.O.9.R.13 of the..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal - Plaintiff cannot be permitted to lead evidence in rebuttal on a issue for which the burden of proof was on him - Trial Court rejected application of plaintiff to lead evidence after close of evidence of plaintiff on the ground that evidence sought to be adduced is not of rebuttal and that rather the same should..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Exparte order - Setting aside - Counsel noted down wrong date - A party cannot be made to suffer for the fault of counsel - For the delay caused opposite party can be compensated with costs - Exparte order set aside subject to payment of costs of Rs.20, 000/-...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Ground to stay from the husband - A woman who has been subjected to physical and mental cruelty and who has to face the prospect of living with another woman in the house cannot be expected to co-habit with the husband - No interference warranted in order granting maintenance of Rs.800/- p.m. to the wife...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - It is mandatory for Magistrate to examine complainant and witnesses, if they are present, before taking cognizance - Order taking cognizance without examining complainant set aside...........
Civil Procedure Code, 1908, Section 115 -- Execution order - Retrospective promotion - Doctrine of 'no work no pay' - It has been clarified by learned first appellate Court that respondents - plaintiffs are entitled for all the benefits of retrospective promotion etc. after fixing their seniority and after granting them promotion from the date their juniors were promoted -..........
