Civil Procedure Code, 1908, Order 3, Rule 4 -- Vakalatnama - Authority of counsel - Withdrawal of appeal - Appeal was withdrawn by counsel by making the statement that he does not want to proceed further with the appeal - In the said statement, he had not stated about any such instructions, having received from petitioner/appellant - Counsel in such circumstances had no..........
Criminal Procedure Code, 1973, Section 82 -- Proclamation - Proclamation issued by trial Court without recording reasons of its belief that petitioner has absconded or is concealing himself - Non-recording of satisfaction itself makes such order suffering from incurable illegality which renders the proclamation and proceedings subsequent thereto a nullity - Order of..........
Commercial Courts Act, 2015, Section 13(1A), Civil Procedure Code, 1908, Order 7, Rule 10, 11(d), Civil Procedure Code, 1908, Order 43 -- Appeal - Maintainability - Appeal u/s 13(1-A) of 2015 Act would lie only against judgment and orders which are enumerated or enlisted U.O.43 CPC - Order rejecting an application moved U.O.7.R.10 or O.7.R.11(d) CPC is not enumerated or..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 26, Rule 9 -- Application for rejection of plaint and appointment of commissioner - Priority to decide first - There is no provision in CPC which requires Court to give priority to one application over the other - Merely because an application for rejection of plaint is filed on the date of..........
Civil Procedure Code, 1908, Order 12, Rule 2 -- Voice sample - Complete denial by defendant with regard to affidavit and contents of CD - Court granted permission to prove voice recording by way of evidence and directed defendant to give his voice sample - There is no illegality or infirmity in the impugned order...........
Court Fees Act, 1870, Section 7, Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court fee - Claim of damages of 10 crores - In a suit for damages, ad-valorem Court fee is payable on the amount of damages claimed - Order rejecting application for rejection of plaint, set aside - Matter remanded...........
Criminal Procedure Code, 1973, Section 203 -- Dismissal of complaint u/s 203 Cr.P.C - Injury inflicted simple in nature - However, as per complainant and his witnesses all 7 accused assaulted complainant with danda, lathi, kicks and fists - There is dispute and litigation between parties regarding pathway and drain which was allegedly obstructed by accused - Trial Court..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A -- Anticipatory bail - Grant of anticipatory bail on the condition that husband shall take wife to his house and maintain her with full dignity and honour as his lawful wife - Such condition should not have been imposed by High Court while granting anticipatory bail nor such could be a ground..........
Civil Procedure Code, 1908, Section 96, Succession Act, 1925, Section 299 -- Probate proceedings - Interlocutory order passed in proceedings for grant of probate or Letters of Administration - Does not conclusively determines the rights of parties - Not a decree - Appeal thereagainst does not lie...........
Civil Procedure Code, 1908, Section 96, Succession Act, 1925, Section 299 -- Probate proceedings - Rejection of application for deletion of issues - Not a decree - Appeal against such an order does not lie...........
