Criminal Procedure Code, 1973, Section 319 -- Additional accused - Cannot be summoned on the basis of statement in examination-in-chief - Unless witness is cross examined, it cannot be said that their evidence is fully recorded - Order based on material collected during course of examination-in-chief cannot be sustained and the same set aside...........
Civil Procedure Code, 1908, Order 21, Rule 92, 89, 90, 91, Limitation Act, 1963, Article 127 -- Auction sale - Confirmed without waiting for the period of limitation to expire to file objections - Executing Court cannot take step of confirmation of sale without waiting either till the expiry of 60 days time for filing application to set aside sale or if such application is..........
Civil Procedure Code, 1908, Order 21, Rule 92, 89, 90, 91, Limitation Act, 1963, Article 127 -- Auction sale - Confirmed one month before expiry of limitation of 60 days to file objections - Order confirming sale set aside - As regards limitation, left over time of about 29 days would be available to J.D. - As J.D. has paid the amount as required to be deposited..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Mandatory injunction - Disobedience - Property of J.D. attached - Attachment shall not remain in force for more than one year - After one year, if disobedience or breach continues, attached properties may be sold and compensation as determined by Court may be awarded to D.H. - No evidence that J.D. continued violation of..........
Civil Procedure Code, 1908, Section 115, Order 6, Rule 17 -- Constitution of India, 1950, Article 226 and 227 - Revisional jurisdiction - Amendment of plaint - Application for - Dismissal of application after recording reasons held to be an interim order - It will not dispose of the matter hence revision u/S.115 CPC not maintainable - Petition under Articles 226 and 227 of..........
Civil Procedure Code, 1908, Order 6, Rule 4A -- Pleadings - Requirement of giving correct address and age - Required for speedy disposal of cases - Order not to pass judicial order or issue summons before compliance of that requirement - Proper...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Execution - Wife already receiving maintenance at higher rate u/s 24 Hindu Marriage Act - Held, wife is not entitled to claim execution of order u/s 125 Cr.P.C. until she receives or continues to receive maintenance u/s 24 of Hindu Marriage Act...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte eviction order - Setting aside - Service of summons - Adult members of the family available to accept notice refused to accept service and also failed to divulge the address of the tenant - It amounts to refusal of service - Exparte decree upheld...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Eviction order - Appeal - Death of appellant - Abatement of appeal - Failure to move application under order 22 CPC on the part of heir of tenant - Application for impleadment moved under order 1 rule 10 CPC - Condonation of delay not sought for - Appeal abated...........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 406 IPC - FIR quashed by High Court when investigation had not even started - This is too premature a stage for High Court to quash FIR when investigation had not even started and investigating agency had no occasion to find out whether there was material to file a..........
