Civil Procedure Code, 1908, Section 115 -- Revision - Objection regarding maintainability of revision is required to be addressed first before proceeding to decide the revision on merits - This not being done, order deciding revision, suffers from patent illegality and irregularity and the same set aside...........
Civil Procedure Code, 1908, Order 26, Rule 10A -- Medical examination of wife - Divorce proceedings - Strong prima facie evidence is required to order medical examination of wife...........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Local Commissioner - Refusal to appoint - Revision - Order does not decide any issue nor does it adjudicate any rights of parties for the purpose of suit - Revision not maintainable against such an order...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 82, 83 -- Dishonour of cheque - Issuance of proclamation - Satisfaction of Court must be indicated in the order that despite service of notice, summon, bailable warrant and non bailable warrant the person concerned deliberately avoided the proceedings - Order issuing proclamation lacking..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo order - Appeal u/s 207 of U.P. Revenue Code - Maintainability - Interim order directing parties to maintain status quo was passed ex parte - Said order would fall U.O.39.Rr.1, 2 CPC - Appeal u/s 207 of U.P. Revenue Code would lie against such an order and revision u/s 210 of said Code is not maintainable...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(c), 29(1) -- Contraband - Default bail - Neither charge sheet filed on the date of petition for default bail by accused, nor order for extension of time to complete investigation granted/ordered - Indefeasible right to default bail accrued to..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Granted with condition to deposit an amount of Rs.15 lakhs in Court - Defendants failed to deposit the said amount even till date - Application filed by defendants for modification of said order of imposing condition rejected - Order passed by trial Court is within powers..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - U.O.1.R.10(2) CPC Court can implead any party at any stage even without an application, if it thinks, that his presence is necessary in order to effectively adjudicate the suit...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 419, 466, 221, 205, 109, 120B, 34 -- Anticipatory bail - Offence u/ss 419, 466, 221, 205, 109, 120-B, 34 IPC - Police officer facing allegations of manipulating investigation so as to favour an accused - Considering the position held by petitioner even if he was suspended from service and charge..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Delay is of only 17 days - Counsel for appellant met with an accident and he remained hospitalized for 3 days - Considering the period of 22 days for obtaining certified copy of order dismissing suit, delay of 17 days condoned - Suit restored...........
