Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of a party - Suit for specific performance - Suit alleged to be filed by plaintiff in collusion with defendants and that too on the basis of forged documents - Sale agreement alleged to be fabricated in collusion with each other - It is further the case of the applicants that actually defendant agreed to sell..........
Civil Procedure Code, 1908, Order 1, Rule 10, Specific Relief Act, 1963, Section 19 -- Suit for specific performance of Agreement to sell - Necessary and proper party - Applicants impleaded as necessary party by trial Court - Order challenged in revision - Allegation regarding collusion between vendor & vendee, forged & fabricated agreement & agreement to sell by vendor..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Appellate Court not to interfere ordinarily with the order of acquittal unless approach of lower Court is vitiated by some manifest illegality and conclusion arrived at would not be arrived at by any reasonable person - Merely because two views are possible, Court of appeal would not interfere in the..........
Civil Procedure Code, 1908, Section 152 -- Decree - Amendment - Typographical mistake - Wrong survey number - Parties very much aware that they were litigating in respect of which survey number - Mistake bona fide - Order allowing amendment of decree, upheld...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance on basis of oral agreement to sell - Applicant bonafide purchaser of half of land in question on the basis of previous in time, agreement to sell executed in his favour and in possession thereof - Questions involved in the suit cannot be effectively adjudicated without..........
Criminal Procedure Code, 1973, Section 127 -- Maintenance - S.127(1) Cr.P.C. does not contemplate cancellation of an order passed u/s 125 of the Code - An order passed u/s 125 Cr.P.C. can be cancelled or varied, only as provided in sub-ss.(2) and (3) of S.127 Cr.P.C...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Twelve adjournments granted for arguments - Counsel pleaded no instructions - Plea that counsel did not inform about pleading no instructions or about ex parte proceedings - Plea not available - It is for the litigant to protect his interests and rights and thus he has a duty to contact the..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Petition for eviction of tenant - Ejectment ordered - Appeal by tenant - Tenant expired - Legal heirs impleaded - Appeal dismissed - Revision by two legal heirs - One of the legal heir impleaded as performa respondent - Compromise between revisionist and landlord - Revision dismissed as withdrawn - Application by other..........
Criminal Procedure Code, 1973, Section 202(2), 156(3) -- Proviso - S.202(2) Proviso does not bar Magistrate to order investigation by police u/s 156(3) Cr.P.C. before taking cognizance - Order passed by Magistrate forwarding complaint to police for investigation of an offence u/ss 323, 294, 506-B and 427 IPC and u/s 3(1)(x) of SC & ST (Prevention of Atrocities) Act - No..........
Civil Procedure Code, 1908, Section 115 -- Revision - Revisional jurisdiction is very limited - Finding of fact cannot be interfered unless there is illegality or material irregularity in passing the order - Sufficient and cogent reasons are to be assigned to conclude that finding of fact is factually incorrect...........
