Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Suit for specific performance - Reasons assigned by defendant for delay in filing application to set aside ex parte order not satisfactory - However, in view of the fact that substantial rights of defendant are involved in the suit and suit is coming up for evidence on defendants side, ends of..........
Criminal Procedure Code, 1973, Section 125, 397, 401 -- Interim maintenance - Revision - Scope is restricted to the extent of examining legality, correctness and propriety of impugned judgment and order...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Petitioner alleged that he entered into an unregistered agreement of sale with some third parties along with plaintiff in respect of suit property that too in violation of stay order granted against plaintiff in a pending appeal - He thus, has no vested interest in appeal scheduled property in appeal..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Plea that cheque was issued during course of business and not for discharge, in whole or in part, of any debt or liability - In view of presumption u/s 139 of the Act, it will be presumed that said cheque was issued in discharge..........
Criminal Procedure Code, 1973, Section 200 -- Summoning of accused - For issuing the order of summoning Magistrate could not have relied upon same material which was before him when he passed the order calling for report u/s 202 Cr.P.C - The reason is that Magistrate was not satisfied that material was sufficient to pass summoning order - Order issuing process has drastic..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh suit on the same cause of action - Partly allowed - Suit allowed to be withdrawn - Liberty to file fresh suit on the same cause of action not granted - Plaintiff is rendered remediless - Impugned order to the extent not granting liberty to file fresh suit set aside - Plaintiff..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh suit on the same cause of action - Partly allowed - Suit allowed to be withdrawn - Liberty to file fresh suit on the same cause of action not granted - Plaintiff is rendered remediless - Impugned order to the extent not granting liberty to file fresh suit set aside - Plaintiff..........
Succession Act, 1925, Section 299, 278, Civil Procedure Code, 1908, Order 6, Rule 17 -- Appeal - Rejection of application U.O.6.R.17 CPC - Proceedings u/s 278 of Succession Act - Appeal u/s 299 of Succession Act will lie only against those orders that are appealable as per O.43.R.1 CPC - Since rejection of amendment application U.O.6.R.17 CPC does not find place U.O.43.R.1..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail granted by Single Judge of High Court - Bail cancelled by another single Judge of same High Court - Bail cancelled by examining merits of allegations - Cancellation of bail is totally uncalled for and tantamounts to judicial impropriety/indiscipline - Order cancelling bail quashed and set aside...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail granted to an accused can only be cancelled if Court is satisfied that after being released on bail: (i) accused has misused the liberty granted to him; (ii) flouted the conditions of bail order; (iii) that bail was granted in ignorance of statutory provisions restricting the powers of Court to..........
