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...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Governor refused sanction for prosecution of Chief Minister and a Minister in a criminal case - Public interest litigation before Supreme Court dismissed - It is for the appropriate Court to see as to whether sanction of Governor was required or not or if the Governor committed error in passing an..........
Criminal Procedure Code, 1973, Section 156(3), 482 -- Application u/s 156(3) Cr.P.C. - Selling of house in excess of share - No allegation that accused had committed any fraudulent act or any forgery or that sale deed was executed by any other person impersonating himself - Dispute is of civil nature - Application failed to disclose commission of any cognizable offence -..........
