Civil Procedure Code, 1908, Order 7, Rule 11, 13 -- Territorial jurisdiction - Lack of - Return of plaint - Remedy against - Held, the only remedy is to challenge this order passed in an appeal O.43.R.1(a) of the Code...........
Criminal Procedure Code, 1973, Section 190, 468, 473, Indian Penal Code, 1860, Section 498A, 406 -- Taking cognizance of offence beyond period of limitation - Case registered for offences indictable u/ss 498-A and 406 IPC - Cognizance taken by Magistrate beyond period of limitation - No reason assigned by Magistrate making it evident in order that period of taking..........
Criminal Procedure Code, 1973, Section 319, 401 -- Summoning of person as additional accused - Trial Court observed that there was no evidence showing involvement of the person in crime - Investigating agency also opined that no evidence could be collected so as to implicate persons as an accused - Held, order rejecting application for summoning person as additional..........
Civil Procedure Code, 1908, Order 2, Rule 6 -- Separate trials - Power of trial court - Exercise of - Held, O.2.R.6 of CPC gives power to the Court to order separate trials in certain enumerated circumstances - The said power cannot be exercised to direct plaintiffs to file three separate suits and that too in the absence of the said three enumerated circumstances...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Decree on the basis of admission - Licence - Licence period expired on 31.3.2007 - By notice dated 2.4.2007 defendants asked to vacate suit property as the licence had expired - Licence deed admitted - Service of notice also not denied - Inter se dispute between husband and wife cannot resist landlord to take possession from..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleading of a party - Purchase of property during pendency of suit despite order of status quo - Property purchased without leave of Court - Order rejecting application for impleadment of transferee pendente lite, upheld...........
Criminal Procedure Code, 1973, Section 245 -- Discharge of accused - Accused even after having received 80% of consideration amount refused to execute the regular sale deed in favour of complainant - Dispute purely of civil nature - Magistrate assigned convincing reasons in support of his conclusion for acceptance of final report and thereby discharging accused - Before..........
Civil Procedure Code, 1908, Order 39, Rule 2-A, Constitution of India, 1950, Article 226 -- Civil Court vested with the power U.O.39.R.2-A and S.151 CPC not only to punish for contempt, but also to set right the wrong - It can order demolition of construction raised in violation of its order - In execution of such order it can direct police to act - However, this remedy is..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Additional written statement - Refusal to accept - Validity of - After amendment petition was allowed and filed, petitioners were given several chances to file additional written statement - They had challenged the order allowing amendment petition before High Court - Additional written statement was filed within two days..........
Partition Act, 1893, Section 2, Civil Procedure Code, 1908, Order 21, Rule 90 -- Sale of immovable property - Applicability of provisions of Order 21 CPC - Provisions of Rule 234 of the Civil Rules of Practice would apply - Provisions of Order XXI of the Code of Civil Procedure would not apply to a sale of immovable property under the Partition Act, 1893...........
