Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 43, Rule 1, Civil Procedure Code, 1908, Section , Order 9, Rule 8 -- Delay - Condonation - Delay in preferring appeal against order dismissing application for restoration of suit dismissed in default - Court to adopt summary procedure by directing parties to file affidavits and counter affidavits of the..........
Criminal Procedure Code, 1973, Section 125 -- Grant of maintenance - Exercise of power - Held, power to order interim maintenance u/s.125 Cr.P.C. has been conferred only upon Judicial Magistrate under statute - Assistant Sessions Judge does not have such power of executing Magisterial Powers conferred under Cr.P.C., thus, he cannot entertain application u/s.125 Cr.P.C. for..........
Civil Procedure Code, 1908, Section 9, Order 9, Rule 13 -- Separate suit to set aside ex parte decree on the allegation of fraud - Not maintainable at the instance of a person who was party to the said ex parte decree - The only remedy available is to file an application to set aside ex parte decree and further remedy in the form of appeal or revision - Remedy of filing..........
Hindu Marriage Act, 1955, Section 24, Civil Procedure Code, 1908, Order 10, Civil Procedure Code, 1908, Order 21, Rule 41(2) -- Application for interim maintenance - Dismissal - On ground of no, mentioning anything in divorce application by wife regarding her income - Fresh opportunity to file fresh affidavit disclosing her income and her exact financial status not given..........
Civil Procedure Code, 1908, Order 9, Rule 13, 6 -- Ex parte decree - Defendants appeared but failed to file written statement - Ex parte decree against defendant - Setting aside of - Held, if in the suit in which defendants appear but failed to file written statement, however plaintiff had filed evidence either on affidavit or otherwise, then decree passed on the basis of..........
Criminal Procedure Code, 1973, Section 173(2), (8), 200, 202, 210, 465(2) -- Stay of criminal proceedings - When the matter was pending under enquiry before Magistrate, investigating officer has submitted application and Magistrate has stayed the enquiry and waited for investigating officer to file report and when after investigation, a charge-sheet has been filed by..........
Indian Penal Code, 1860, Section 211 -- Charge sheet filed - Accused has a right to file a complaint for an offence u/s 211 IPC or any other offence committed in or in relation to the said proceedings at the appropriate stage - Court to pass an order on such an application having regard to the provisions of S.340 Cr.P.C. - So long as the proceedings are pending before the..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Bonafide requirement - Leave to contest - Landlord fulfilled all ingredients of S.13-B of Act - Tenant sought leave to defend on ground that in year 2004 landlord attempted to take forcible possession of shop in dispute and tenant had to file civil suit seeking permanent injunction wherein landlord..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Additional evidence cannot be permitted except for the exceptions provided therein - Documents filed alongwith objection against application for interim injunction - Permission sought to file counter for rebutting of documents - Held, petitioner has every right to question the..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file a fresh suit on the same cause of action - Suit for mere declaration filed without seeking further relief of possession - Suit was likely to be dismissed as plaintiff was not in possession - Prayer cannot be declined on the ground that relief of possession was not initially sought and..........
