Criminal Procedure Code, 1973, Section 439, Constitution of India, 1950, Article 225 -- M.P. High Court Rules, 2008, Rules 15 and 22 - Listing of second bail application before Bench which heard earlier bail application - Held, not barred under Rule 22 which enables the Chief Justice to direct a particular case or cases or a particular class or classes of cases to be..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Mode of service - Personal service of summons in ordinary way is a rule and substituted service is an exception - Before passing an order for substituted service, Court must be satisfied that conditions stipulated in Order 5 Rule 20 CPC exist - There is presumption that service substituted by the order of the court shall be..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 90 -- Attachment of property in execution of decree - Pre-sale illegality and post sale illegality - Held, pre-sale illegality in execution is amenable to the remedy under section 47 - Post sale illegality or irregularity causing substantial injury to judgment debtor is covered by Order 21 Rule 90 of the Code...........
Civil Procedure Code, 1908, Section 89 -- Scope - After completion of pleadings, to consider recourse to ADR process is mandatory - Actual reference to ADR process in all cases is not mandatory - In cases falling under an excluded category there need not be reference to ADR process viz. (i) Representative suits under Order 1 Rule 8 CPC; (ii) Disputes relating to election..........
Civil Procedure Code, 1908, Section 89, Order 10, Rule 1-A -- Scope - Section 89 CPC has to be read with Order 10 Rule 1-A - After the pleadings are complete and after seeking admission/denials wherever required, and before framing issues, the court will have recourse to section 89 of the Code - Such recourse requires the court to consider and record the nature of the..........
Civil Procedure Code, 1908, Section 89, Order 10, Rule 1-A -- Provisions of Section 89 and Order 10 Rule 1-A CPC are not intended to supersede or modify the provisions of the Arbitration and Conciliation Act, 1996 or the Legal Services Authorities Act, 1987...........
Criminal Procedure Code, 1973, Section 432, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 32A -- Remission - Conviction under NDPS Act - Accused sentenced to 10 years RI - Accused seeking pre-mature release on the basis of order of remission passed by Governor of state under Section 432 of CrPC - Under Section 32-A of NDPS Act, no sentence can be suspended,..........
Civil Procedure Code, 1908, Order 39, Rule 2 -- Order 39 Rule 2 refers to suit for restraining defendant from committing a breach of contract or other injury of any kind - Simple suit for recovery of money for non payment of part of price for supply of plant and machinery does not fall within the purview of provision of O.39.R.2 CPC...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- L.R's - Where plaintiff dies and right to sue survives then an application can be filed within 90 days to bring on record L.R's of the deceased plaintiff - In case application is not filed then suit abates - Once suit abates then it comes to an end except when abatement is set aside and the legal representatives are ordered..........
Partition Act, 1893, Section 2, Civil Procedure Code, 1908, Order 21, Rule 90 -- Sale of immovable property - Applicability of provisions of Order 21 CPC - Provisions of Rule 234 of the Civil Rules of Practice would apply - Provisions of Order XXI of the Code of Civil Procedure would not apply to a sale of immovable property under the Partition Act, 1893...........
