Civil Procedure Code, 1908, Order 20, Rule 18.S -- Partition suit - Final decree proceedings - Party who opposed partibility of estate and whose share is not determined in preliminary decree, cannot straight away apply for passing final decree without getting supplementary preliminary decree passed...........
Civil Procedure Code, 1908, Order 20, Rule 18.S -- Partition suit - Final decree proceedings - In exceptional cases, supplementary final decree can be passed, provided original final decree or final decree passed earlier has not concluded the matters sought to be declared in supplementary final decree...........
Civil Procedure Code, 1908, Section 96, 2(2), Order 41 -- Appeal - Is maintainable against order refusing to pass final decree as, such order will fall within the definition of decree in S.2(2) CPC...........
Criminal Procedure Code, 1973, Section 397, 200 -- Order taking cognizance on complaint after enquiry - Revision against order - Held, revision is maintainable as order passed is intermediatory or quasi final order...........
Civil Procedure Code, 1908, Section 47 -- Execution - Redemption of mortgage - Final decree proceedings - Petitioners contended that execution petition is not maintainable, as same is filed for relief of demolition of constructions of building found in suit property when no such prayer was made in preliminary and final decree proceedings - They admittedly are parties in..........
Criminal Procedure Code, 1973, Section 258, 251 -- Discharge - Summons case - If the facts alleged in the final report do not constitute any offence, Magistrate to drop the proceedings and release the accused...........
Criminal Procedure Code, 1973, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi) -- Quashing of final report - Offence u/s 3(1)(xi) of SC/ST Act - Final report filed for offence u/s 3(1)(xi) of SC/ST Act after deleting S.354 IPC - Deleting a provision in IPC and substituting very same provision in special enactment..........
Consumer Protection Act, 1986, Section 25, 27 -- Execution of award - Insurance contract - Export of goods from India through shipment - Rate of exchange - There is specific clause in the agreement executed between parties i.e clause 17 which deals with rate of exchange - Insurer was required to pay insurance claim in accordance with said Clause which says that currency..........
Criminal Trial -- Practice and procedure - Pre-charge evidence - If complainant on a given date does not produce pre-charge evidence, evidence deemed to be closed, is neither a judgment nor a final order within the ambit of S.362 Cr.P.C. - Thus, on subsequent date on justifiable cause, trial Court could afford another opportunity to complainant to lead pre-charge..........
Civil Procedure Code, 1908, Section 97, Order 7, Rule 7 -- Preliminary decree of partition - Correctness of preliminary decree cannot be challenged in final decree proceeding when no appeal was preferred by defendant against preliminary decree - However, issue as to boundaries and description of suit properties consistently and sufficiently averred by defendant to warrant..........
