Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Section 115, Order 7, Rule 11, Constitution of India, 1950, Article 226 -- Rejection of plaint - If favourable order is passed U.O.7.R.11 CPC r/w O.2.R.2 CPC then entire suit itself will conclude - Writ petition filed thereagainst is not maintainable in view of equally alternative statutory remedy u/s..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Seven accused acquitted and remaining two convicted - Summoning order passed after acquittal of accused is not in accordance with law...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Trial Court, without assigning sufficient ground for substratum of constituting the offence, has wrongly observed that the role of petitioners is suspicious - No specific or cogent reasons have been assigned by Court as to how petitioners are involved in crime - Reasoning that police authority..........
Criminal Procedure Code, 1973, Section 82 -- Proclamation - Non-compliance of mandatory provision of S.82 of the Act as proclamation was `announced in the public' but not `read publically' - Order declaring accused as proclaimed person, set aside...........
Criminal Procedure Code, 1973, Section 82 -- Proclamation - Non-compliance of mandatory provision of S.82 Cr.P.C - Statement of executant police official was on a printed proforma instead of same having been recorded in Court, which raises doubt about compliance of S.82 Cr.P.C - Order declaring accused as proclaimed person set aside...........
Criminal Procedure Code, 1973, Section 204 -- Issuance of process - Detailed order is not warranted while taking cognizance and issuing summons u/s 204 Cr.P.C - But the proceedings must show that, Magistrate applied his mind to the facts and statements of complainant and his witnesses, to find that there was sufficient ground for proceeding against accused...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife is living separately from husband due to harassment and cruelty by husband and his family members and husband marrying another woman - It cannot be concluded that wife is living separately from husband without any reason - Wife is thus, entitled to maintenance - Trial Court directed to order afresh on..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Suit for specific performance - Reasons assigned by defendant for delay in filing application to set aside ex parte order not satisfactory - However, in view of the fact that substantial rights of defendant are involved in the suit and suit is coming up for evidence on defendants side, ends of..........
Criminal Procedure Code, 1973, Section 125, 397, 401 -- Interim maintenance - Revision - Scope is restricted to the extent of examining legality, correctness and propriety of impugned judgment and order...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Petitioner alleged that he entered into an unregistered agreement of sale with some third parties along with plaintiff in respect of suit property that too in violation of stay order granted against plaintiff in a pending appeal - He thus, has no vested interest in appeal scheduled property in appeal..........
