Civil Procedure Code, 1908, Section 151 -- Modification of decree - Interlocutory application u/s 151 CPC seeking modification of decree is not maintainable...........
Civil Procedure Code, 1908, Section 152 -- Modification of preliminary decree - Once preliminary decree is merged in decree of appellate Court, trial Court has no jurisdiction to modify or amend preliminary decree...........
Legal Services Authorities Act, 1987, Section 21, Civil Procedure Code, 1908, Order 20, Rule 6(1), (9) -- Award of Lok Adalat - Execution - An award to be executable must have all the characters of a decree - While passing the award Lok Adalat must refer to O.20.Rr.6(1) & (9) CPC which refers to the contents of decree - When no details are reflected in the award then same..........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - Eviction suit - Tenant sought production of additional documents i.e site plan of disputed premises - However, said documents is of no relevance especially when rent petition has been filed on the ground of arrears of rent and bona fide requirement - Moreover, there is no whisper that despite..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment to take plea of adverse possession sought at the stage of arguments - There has not been any due diligence on the part of defendants - Defendants had even otherwise taken a specific stand in written statement that they are owners in possession of suit land on basis of an oral sale -..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Pre-condition of furnishing Bank Guarantee is unsustainable - Accused to furnish bail bond instead of bank guarantee...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of O.2.R.2 CPC - Suit for cancellation of gift deed - There will be bar of O.2.R.2 CPC as earlier suit for injunction was filed, which is pending before Civil Court...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 109, Protection of Children from Sexual Offences Act, 2012, Section 16, 17 -- Bail - Kidnapping - Victim has clearly exonerated accused and even her brothers have stated nothing against accused in their statements during the trial of case - Prima facie accused has been able to rebut the..........
Indian Penal Code, 1860, Section 376, 511, 201 -- Rape - Neither prosecutrix nor complainant could be cross-examined - Incomplete statements of prosecutrix and complainant in the absence of their cross-examination could not be treated as legal evidence nor could be relied upon to fasten any criminal liability upon accused - Accused rightly acquitted...........
Indian Penal Code, 1860, Section 498A, 34 -- Cruelty - Statement of wife in her complaint is in total contradiction to her statements recorded u/s 164 Cr.P.C - Wife stated in her statement u/s 164 Cr.P.C that she never resided with accused/in-laws and thus question of being inflicted with cruelty as defined in S.498-A IPC does not arise - Ingredients required to constitute..........
