Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Recall of order - Plea that application of withdrawal was based on forged signatures obtained by defendant - Averment that on day of withdrawal her advocate was changed and replaced by advocate of defendant and that suit was mentioned for purpose of withdrawal on day when was not even listed for said..........
Criminal Procedure Code, 1973, Section 482 -- Inherent jurisdiction of High Court - Exercise of power u/s 482 is an exception and not the rule - Provision of S.482 envisages three circumstances under which inherent jurisdiction may be exercised namely, (1) to give effect to an order under the Code, (ii) to prevent abuse of the process of court, and (iii) to otherwise..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Evidence - Recording by Commissioner - Admissibility of several documents involved - Plea of plaintiff that settlement had been arrived at between parties during pendency of suit - His plea that defendant cannot put any question to him except one relating to so called settlement - Court should not entertain such pea and..........
Civil Procedure Code, 1908, Order 11, Rule 21 -- Failure to file documents by plaintiff - Provision should be used only when there is wilful attempt to disregard the order of Court to produce the documents - Stringent provision of O.11.R.21 of CPC should be applied only in extreme cases - May be made use of as a last resort - If a party does not produce documents inspite..........
Civil Procedure Code, 1908, Order 11, Rule 14, 21 -- Dismissal order U.O.11.R.21 - Not to be made unless Court is satisfied that plaintiff is wilfully withholding information by refusing to answer interrogatories or by withholding documents...........
Criminal Procedure Code, 1973, Section 156(3), Indian Penal Code, 1860, Section 307, 452, 495A, 504, 506, 148, Dowry Prohibition Act, 1961, Section 3, 4 -- Application u/s 156(3) Cr.P.C. allowed and police directed to register and investigate the case u/ss 147, 148, 323, 504, 506, 307, 452, 495-A IPC and Ss.3/4 Dowry Prohibition Act - Revision against - Dowry demand not..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Addition of a party - Necessary party - Suit for permanent injunction restraining father from creating an encumbrance on the suit property - Property sold to applicant and possession delivered - Applicant a necessary party - Order allowing impleadment, upheld...........
Criminal Procedure Code, 1973, Section 190 -- Cognizance - Order of remand to judicial custody - Does not amount to taking cognizance of an offence...........
Civil Procedure Code, 1908, Order 21, Motor Vehicles Act, 1988, Section 149, 163A, 166 -- Liablility of insured vis-a-vis insurer - How to be enforced - Breach of terms of insurance policy - Tribunal awarded compensation - Fake driving licence - Insurance company paid compensation to claimants - Filed execution against owner for recovery of compensation paid - Objections..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Dismissal of appeal - Application becomes infructuous and no order can be passed on it - Rejection of application by first appellate Court after disposing appeal - Held, not proper...........
