Civil Procedure Code, 1908, Order 6, Rule 16 -- Striking out pleadings - Words like `traitor', `meanness', `ruled the roost', `dominance' and `grabbing mentality'- Order to be deleted by trial Court - Order upheld as the same are completely irrelevant, scandalous, frivolous and vexatious and the same relate to character which is not relevant in view of S.52 of Evidence..........
Hindu Marriage Act, 1955, Section 13B, Civil Procedure Code, 1908, Order 3, Civil Procedure Code, 1908, Order 19, Rule 1 -- Petition for divorce by mutual consent - Trial court after recording statements on the first motion fixed a date after six months - On expiry of period of six months, husband did not appear in person as he had gone abroad for studies - His father..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Legally wedded wife - Wife could not prove divorce with her earlier husband - Held, wife cannot be treated the legally wedded wife for claiming maintenance - No illegally in order dismissing petition for maintenance...........
Criminal Procedure Code, 1973, Section 311 -- Recalling of witness - Allegations against petitioners/accused that they produced an impersonator in place of material prosecution witness giving evidence projecting himself to be prosecuting witness - This fact came to the knowledge of trial court when enquiry conducted by Superintendent of Police - Held, order of trial court..........
Criminal Procedure Code, 1973, Section 323, 209 -- Committal of case - Powers of Magistrate - Words `Ought to be tried by Court of Sessions' - Meaning - It bestows powers on Magistrate to commit the case to the Sessions Court though not exclusively triable by the Sessions - However, Magistrate is required to give reasons for the same - Charge sheet submitted against..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Provision of O.8.R.1. providing time for filing written statement is directory in nature - In the instant case defence struck off due to non-filing of written statement within 90 days of their service - Service of all the defendants not complete - No effective proceedings have taken place after the passing..........
Civil Procedure Code, 1908, Order 23, Rule 2, 3 -- Formal defect - Non joinder of necessary parties - Not a formal defect but is a material defect - Cannot be basis for an order U.O.23.Rr.2 & 3 CPC...........
Civil Procedure Code, 1908, Order 11, Rule 1, 2 -- Interrogatories - Plea taken in written statement controverted in rejoinder - Interrogatories related to the same set of facts - Once the facts have been asserted and denied then it is for the parties to establish the case by leading evidence - No question of allowing interrogatories - Order rejecting application, upheld...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte eviction order - Setting aside - Clerk of counsel intimating wrong date - Bald statement of tenant - Counsel or his clerk not examined as a witness - Bald statement of tenant is not sufficient to set aside ex parte eviction order...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Implementation - Police help - Court can issue directions to police and local authorities or officers concerned to ensure the compliance of its ad interim injunction order directing parties to maintain status quo, and it is obligatory for the State authorities to comply with such order...........
