Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Petitioners wanted to claim their rights against co-defendant/State, which was not permissible - They failed to point out as to how their presence is necessary for complete and final decision on the question involved in the proceedings - Even, petitioner could not point any legal injury which he..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Any one of several persons may be chosen for claiming maintenance - It is not obligatory on the part of claimant seeking maintenance to name all the persons having sufficient means to be proceeded against - In other words, it is for claimant to decide whether he/she wants maintenance from any one or all the..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Impleadment of a party - Impleadment is a concept of civil law - There is no provision in Cr.P.C. which enables a respondent to a proceedings to seek impleadment of some other person in the said proceeding...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - `Issue' means a point in question at the conclusion of pleading between contending parties in an action and issues are to be framed in respect of only of those facts which have been alleged by one party and either denied or not admitted by the other party and duty of framing issues primarily rests on Court but such..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Necessary parties - Question that a person is a necessary party is a question of fact depending upon the relief claimed in the suit - However, once it is established that said person is necessary party to the suit, it becomes a question of law and it can be raised for the first time in appeal...........
Civil Procedure Code, 1908, Section 99 -- Appeal - Non-joinder of necessary party by itself is a ground to reverse or substantially vary a decree in appeal or remand a suit after setting aside decree in an appropriate case...........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - Non-framing of an issue - Suit dismissed without framing an issue that suit is bad for non-joinder of necessary party - Framing of issues is an important stage at which scope of trial is determined - Since no issue is framed, it is thus, proper to give an opportunity to plaintiff to implead said necessary party -..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(c), 29 -- Default bail - Contraband - Charge sheet filed within period prescribed but not accompanied by FSL report - Cannot be termed as defective or incomplete - Accused not entitled to default bail...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Some of the accused absconding - Case kept open against them u/s 173(8) Cr.P.C. - Charge sheet filed against them beyond 90 days of their arrest - Such accused are entitled to default bail...........
Indian Penal Code, 1860, Section 376(2)(n), 420, 406 -- Rape of married woman - Prosecutrix is a married woman voluntarily had sex with accused knowing that she cannot enter into marriage with accused in view of fact that she was a married woman - Even though promise of marriage was made by accused, since prosecutrix is a married woman, said promise is illegal and that..........
