Civil Procedure Code, 1908, Section 152 -- Provision of S.152 CPC empowers the Court to correct its own error in a judgment, decree or order from any accidental slip or omission - The principle behind the said provision is that nobody shall be prejudiced by an act of Court...........
Civil Procedure Code, 1908, Section 152, 151 -- Decree - Correction - Court cannot exercise jurisdiction u/ss 152, 151 CPC so as to review its judgment - Court cannot also exercise its jurisdiction when no mistake or slip occurred in the decree or order...........
Civil Procedure Code, 1908, Section 2(2) -- Decree - While construing a decree, Court can and in appropriate case ought to take into consideration the pleadings as well as the proceedings leading upto the decree - In order to find out the meaning of the words employed in a decree, the Court has to ascertain the circumstances under which these words came to be used...........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit - Leave to defend - Suit for recovery - In respect of amount of cheque there is no defence - Order granting unconditional leave amended and defendant directed to deposit the cheque amount in trial Court within six weeks...........
Criminal Procedure Code, 1973, Section 125 -- Child - Born of unwed mother - Relations between mother of petitioner and respondent proved by birth register of village and oral evidence - Order of trial Court granting maintenance restored...........
Criminal Procedure Code, 1973, Section 125 -- Child - Unwed mother - Petition supported by mother and several witnesses - PW3 specifically deposed that mother of petitioner and respondent had stayed in her house in the village several years earlier - Pradhan of village proved extracts of birth register which shows respondent as the father of the petitioner - Column of..........
Civil Procedure Code, 1908, Order 7, Rule 1 -- Petition and plaint - Difference - O.7.R.1 CPC prescribes what a plaint should contain but no section or order or Rule of CPC prescribes as to what a petition should contain - On the other hand, CPC does not say that the ingredients required for plaint are the ingredients for petition - Therefore, a petition is completely..........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Non payment of maintenance of Rs.66500/- - Imprisonment can extend only to period of one month - Order of imprisonment for 660 days is illegal and same set aside...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Facts sought to be introduced by way of amendment necessary for proper adjudication of controversy between the parties - After amendment defendant has a right to file written statement having liberty to raise all pleases as may be available to him - Order allowing amendment, upheld...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376 -- Anticipatory bail - Rape case - Regular bail refused to some of the accused while some other accused granted anticipatory bail - Order of anticipatory bail set aside - If some of the accused are denied regular bail then there is no reason to grant anticipatory bail to others...........
