Criminal Procedure Code, 1973, Section 145(1) -- Physical possession - Finding as to - Based on revenue record and police report - No finding given as to which of the party was in physical possession of the disputed property - Held, there is no legal infirmity in the impugned order passed by Additional Sessions Judge directing Magistrate to pass order afresh...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 33, Rule 1, 5, 7 -- Rejection of plaint - Order allowing to sue as indigent person - Remedy is available to defendant to challenge the order - Order allowing to sue as indigent person cannot be agitated by filing an application U.O.7.R.11 CPC that report obtained from Collector is not correct..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Divorce petition - Respondent living in America - Service of summons through publication in newspaper `The Tribune' - Respondent who was residing in America, could not have come to know about publication of summons qua her in the newspaper `The Tribune' - Order setting aside ex parte decree,..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Judicial orders of civil Court are not amenable to writ jurisdiction u/art 226 of Constitution - Jurisdiction under Art.227 of Constitution is distinct from Art. 226 of Constitution - No writ can be issued against the order passed by civil Court, therefore, no intra-court appeal is maintainable before the..........
Constitution of India, 1950, Article 226, 227 -- Letters patent appeal - Order of single judge - Maintainability before Division Bench - Jurisdiction u/art. 227 is distinct from jurisdiction u/art 226 of constitution, therefore letters patent appeal or intra Court appeal in respect of order passed by Single Judge dealing with order arising out of proceeding from Civil..........
Constitution of India, 1950, Article 226, 227 -- Letters patent appeal - Order of single judge - Maintainability of letters patent appeal will depend upon pleadings in writ petition, nature and character of order passed by Single Judge, types of directions issue regard being to jurisdictional perspectives in the constitutional context...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of Court or Tribunal as party - Writ petition is not maintainable if Tribunal or authority that is required to defend its order is not arrayed as party as, it is a necessary party...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of Court or Tribunal as party - Neither Court nor Presiding Officer defended order before superior Court - If High Court in exercise of its writ jurisdiction or revisional jurisdiction calls for records, same can always be called for by High Court without impleading Court or presiding Officer as party...........
Protection of Women From Domestic Violence Act, 2005, Section 21, 12, 23 -- Custody of children - Court can pass interim order only in appropriate cases and not in all cases which includes even for custody of children...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Quashing of sanction - Charge-sheet filed without order of prosecution sanction - However, subsequently sanction was granted and the same was produced before Court - Thereafter, not only cognizance has been taken but charges are also ordered to be framed - No infirmity in the order of sanction, as..........
