Criminal Procedure Code, 1973, Section 389(1) -- Stay of conviction - Appellant had already retired from public service - If an order of stay of conviction is passed, there would be no possibility of appellant being restored to any public post - There is no chance of appellant ever going back to public office - Appellant having tendered his resignation from various..........
Criminal Procedure Code, 1973, Section 125(3), Limitation Act, 1963, Section 15 -- Maintenance - Execution - Limitation - One year - Limitation for filing application for execution is to be computed upon excluding the period during which the order of stay was operating...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Children - Maintenance granted to one son and two daughters - In the meantime children became major - Direction had been issued to recover the amount of maintenance only for the period prior to the sons attaining majority and the daughters getting married - No interference in the impugned order warranted...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Trial Court dismissed application - Appellate Court set aside exparte decree - High Court in revision set aside the order of appellate Court and restored the exparte decree - Held, High Court in revision can interfere only when order of appellate Court is perverse and arbitrary - No such..........
Criminal Procedure Code, 1973, Section 438 -- Interim order - To be passed subject to the final order - Before final order granting anticipatory bail is passed, High Court is required to apply its mind not only with regard to the stage in which the investigation is pending but several other factors including the conduct of the accused...........
Civil Procedure Code, 1908, Order 22, Rule 1 -- Substitution application - Filed before decision of case - Due to inadvertence order not passed - Can be allowed afterwards also - When so allowed judgment cannot be set aside on the ground that it is in favour of a dead person...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 37 -- Non filing of charge sheet within sixty days - Accused enlarged on bail - Reason given by prosecution for delay is that quantitative analysis of material seized from accused to determine whether quantity involved was small quantity or commercial quantity..........
Criminal Procedure Code, 1973, Section 441, 437, 439 -- S.441 of the Code does not make any different between the bond to be executed by an accused, on the order of the Magistrate u/s 437 of the Code or on the order of the High Court/Sessions Court u/s 439 of the Code...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Suit for partition - Purchaser of property pendente lite - Order allowing impleadment, upheld...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Non appearance despite receipt of notice for the reason that it was in Hindi which language they do not know - Summons however was issued both in Hindi as well as in English - Exparte decree can be set aside only on being satisfied that summons were not duly served or the person was prevented..........
