Civil Procedure Code, 1908, Order 37, Rule 1 -- Leave to defend - Suit for recovery of money - Facts projected in application for leave to defend supported by allegation contained in FIR - Contention that trial Court has formed opinion on the basis of the allegations contained in FIR - Held, leave granted is not solely on the basis of the allegations mentioned in FIR -..........
Criminal Procedure Code, 1973, Section 397(2) -- Revision against interlocutory order - Not maintainable...........
Criminal Procedure Code, 1973, Section 397(2), 91, 311 -- Application to produce certain documents and application for recall of complainant for cross examination - Trial Court dismissed both the applications - High Court in revision allowed the same - Held, revision against interlocutory orders is not maintainable - Secondly before allowing application of accused notice..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Suit for specific performance - Impleading of subsequent purchaser during pendency of suit and in violation of the stay order - Subsequent purchaser already filed a suit for declaration that he is a bonafide purchaser - Application dismissed...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Controversy regarding factual averments - Court to frame an issue as to sufficiency of grounds and then allow parties to lead evidence - Order setting aside exparte decree without framing an issue as to sufficiency or otherwise of the grounds set aside...........
Criminal Procedure Code, 1973, Section 438, 439(2) -- Anticipatory bail - Cancellation - Bail cannot be cancelled merely on the ground that a particular offence in addition to offences already registered had been added during investigation - Order of cancellation of bail set aside - Bail restored...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Revisional Court set aside the order of maintenance on ground of non service on husband - Order having been set aside, no justification for revisional court to direct husband to pay interim maintenance upto the date of order for maintenance - Held, impugned order set aside being illegal - Matter sent back for..........
Criminal Procedure Code, 1973, Section 401 -- Revision - Non appearance of counsel - Various reasons shown for non appearance of the counsel on the day matter was taken up - Exparte dismissal order set aside - Matter remitted for decision afresh on merits...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A -- Husband convicted and sentenced u/s 498-A IPC - Joint petition filed by husband and wife for quashing and setting aside the judgment of conviction and order of sentence on the ground that they are peacefully living as husband and wife - Husband had been in jail for five months - Keeping in..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - From daughter-in-law - Only son of respondent No.1 died - Daughter-in-law got employment on compassionate ground after death of her husband on an undertaking that she will take care of respondent No.1 - Respondent No.1 aged more than 65 years and not able to maintain herself and has no source of livelihood - Order..........
