Civil Procedure Code, 1908, Order 2, Rule 2 -- Object - The object of Order 2 Rule 2 is to prevent a plaintiff from vexing the defendant again and again by filing separate or multiple suits by splitting a cause of actions or suing separately for each relief arising out of the same cause of action...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Application disclosing commission of cognizable offence - Magistrate cannot refuse to order registration of FIR - Magistrate by not directing police to investigate commits illegality and total miscarriage of justice...........
Indian Penal Code, 1860, Section 94, 302, Criminal Procedure Code, 1973, Section 378, 374 -- Dacoity in running train - Conviction by trial Court and acquittal by High Court - Acquittal on the ground that no test identification parade was held - Evidence showing that it was accused who had refused to participate in the identification parade - Eyewitnesses identified the..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Grant of - It is not required that there should be a FIR - Only the imminence of likely arrest founded on reasonable belief can be the ground - Blanket order of bail is not to be granted - Petitioner not to be arrested in any case without giving him four days notice in advance so that he could file..........
Civil Procedure Code, 1908, Order 37, Rule 3, 4 -- Summary suit - Leave to defend - Not applied within 10 days of service of summons - Decree passed - Application to set aside exparte decree - Summons as prescribed in Form No.4-A issued to defendant contrary to Sub-rule (4) & (5) of Rule 3 of Order 37 CPC - Summons no where mentioned that before the date given in summons,..........
Criminal Procedure Code, 1973, Section 156(3) -- Order u/s 156(3) Cr.P.C. - Revision against - Not maintainable...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file a fresh suit on the same cause of action - Permitted without giving any reason as to why the suit is liable to fail or as to what material defect was there in the suit - Order allowing withdrawal of suit set aside and case remanded for disposal on merits...........
Civil Procedure Code, 1908, Order 21, Rule 65, 92, 94 -- Sale certificate - Public auction - Property sold in public auction in persuance of an order of the Court - Bid excepted - Sale is confermed by the court in favour of the purchaser - Sale become absolute - Title vests in the purchaser - A sale certificate is issued to the purchaser only when the sale becomes absolute..........
Civil Procedure Code, 1908, Section 152 -- Correction in decree - Judgment directing removal of `Chhajja' but the same not incorporated in the decree - Trial Court allowed application u/s 152 CPC and ordered correction of decree - Held, nature of correction which has been directed certainly falls within the purview of S.152 CPC - Order of trial Court allowing application..........
Criminal Procedure Code, 1973, Section 362 -- Recall of order - No inherent power is conferred upon a criminal Court to review its own order - S.362 Cr.P.C. clearly bars the Court to alter or review its judgment or final order except to correct a clerical or arithmetical error...........
