Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Suit for declaration - Trial Court while dismissing application required to adjudicate as to whether presence of applicants before it in the suit was necessary in order to enable Court to effectually and completely adjudicate upon and settle all the questions involved in the suit - However, trial..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Petitioners were duly exonerated in final report presented u/s 173 Cr.P.C - There is lack of cogent evidence which can establish more than prima facie case against petitioners - Order allowing application u/s 319 Cr.P.C. set aside...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Complainant could not appear due to lack of knowledge about transfer of case - Stage of case was for securing appearance of accused - Magistrate was not justified in straight away dismissing the complainant and ordering..........
Unlawful Activities (Prevention) Act, 1967, Section 43D(2), Criminal Procedure Code, 1973, Section 167(2) -- Remand - Court u/s 43-D(2) Proviso of the UAPA has been given power to extend and authorize detention of accused beyond a period of 90 days as provided u/s 167(2) Cr.P.C - Jurisdictional Magistrate would also be clothed with jurisdiction to deal with remand of..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Service of summons - No sincere attempt was made to effect service of respondent by ordinary course or by sending summons by registered post - Mere service by publication in newspaper was not sufficient - Neither sufficient ground for ordering substituted service of respondent by publication in..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - In order to seek review, it has to be demonstrated that order suffers from an error contemplated U.O.47.R.1 CPC which is apparent on the face of record and not an error which is to be fished out and searched...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - A decision or order cannot be reviewed merely because it is erroneous...........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Arrest and detention of JD - JD disobeying the order of attachment, sold away the property to third parties during the pendency of suit and prior to filing of execution petition - JD thus, had sufficient means to pay decretal amount - Plea of JD seeking extension of six months time is not acceptable, as executing..........
Civil Procedure Code, 1908, Section 152 -- Rectification of order - Typographical error - In case of any type of bona fide error including typographical error in the order, same can be rectified at any stage u/s 152 C.P.C...........
Civil Procedure Code, 1908, Section 152 -- Rectification of order - Typographical error - Court was inclined to reject the application but in operative portion it is wrongly typed as allowed - In case of any type of bona fide error including typographical error in the order, same can be rectified at any stage u/s 152 C.P.C - Error rightly rectified...........
