Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Madras High Court Original Side Rules not complied with - Order directing deposit of 75% of suit claim as condition precedent for condoning delay and for setting aside ex parte decree - Held, unwarranted - Instead an order of payment of cost should have been..........
Criminal Procedure Code, 1973, Section 482 -- Stay granted by High Court in an application u/s 482 Cr.P.C. - Interim order will operate till such time the High Court vacates/varies the said order...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Complainant an injured victim who was not a party to settlement agreement and nor was agreeable to such course of action - Order of quashing FIR set aside...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Should be made payable from the date of application and not from the date of order...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Scope - O.41.R.27 CPC applies to an appeal from an original decree and not an appeal from an order which is governed by O.43 CPC...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Parties are having their houses adjoining that lane which is subject matter of suit - Lane in question is used by house owners in order to approach village road that is meant for their ingress and egress - Description of lane is not disputed - Plaintiff when claims that obstructions..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 377 -- Quashing of proceedings - Offence u/s 377 IPC - Magistrate after hearing prosecution arrived at the conclusion that on the basis of evidence collected by I.O, prima facie case u/s 377 IPC was made out against accused - Therefore, he took cognizance u/s 377 IPC in addition to other..........
Civil Procedure Code, 1908, Section 115 -- Proviso - Revision - High Court can interfere in Revision only in those decisions of trial Court where outcome of order passed ultimately concludes the entire trial itself...........
Civil Procedure Code, 1908, Section 115 -- Revision - Three contingencies when High Court can intervene in an order passed by trial Court are : (a) If the trial court appears to have exercised a jurisdiction that is not legally vested in it; (b) If trial court failed to exercise a jurisdiction that is legally vested in it; (c) If the trial court acted in the exercise of..........
Civil Procedure Code, 1908, Section 115 -- Revision - High Court is empowered to call for record of any case decided by trial Court when no appeal lies to High Court against an order passed by trial Court...........
