Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Permission to file - Rejoinder filed alongwith the application - Possibility of establishing new case and changing nature of suit not visible - As litigation is still at its preliminary stage as such no adverse affect would take place to the interest of parties, if such rejoinder is taken on record - Order allowing..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A -- Default bail - Extension of time for investigation - Mere virtual presence of accused will not serve any purpose if he is not aware of filing of application for extension of investigation and there are no materials to suggest that accused was granted an..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A -- Default bail - Extension of time for investigation - Court failed to inform the accused as regards filing of application for extension of investigation and also failure to inform him of his right to object - Order allowing application for extension of time..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Reading plaint in its entirety reveal that suit is barred by limitation even without considering case of defence - Order rejecting plaint, upheld...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Interim bail granted at the time of admission of anticipatory bail - Petitioner surrendered in view of interim order and after his arrest, he was released on interim bail - Dismissal of anticipatory bail application as not pressed - Order of interim bail and bond executed thereof stand effaced - Police is..........
Criminal Procedure Code, 1973, Section 362 -- Recall of order - Court after pronouncement of judgment not empowered to add or delete any words except to correct the clerical or arithmetical error as has specifically been provided under the statue itself - After pronouncement of judgment Judge becomes functus officio - Any mistake or glaring omission is left to be corrected..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and two children - Permanent alimony of Rs.20 lakhs granted to wife - Maintenance granted to wife @ Rs.5000 p.m u/s 125 Cr.P.C. for her life modified and the same set aside with effect from the date of this judgment - However, order awarding Rs.2500 p.m to children till attaining majority is not disturbed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for declaration that sale deeds are null and void - Restraining defendant from raising any construction and transferring suit property in favour of a third party - Possession of defendant No.1 over suit land is clearly established vide sale deeds in question and as per mutation entry - No prima..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17 -- Exparte decree - Setting aside - Refusal to accept summons - No report of affixation of summons - Non compliance of O.5.R.17 CPC - Service cannot be deemed to be effective one - Order setting aside ex parte decree calls for no interference...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and two children - Husband is running a garage and earning Rs.1 lakh p.m, though he denied the same but not adduced any evidence - Having taken note of cost of living and also expenses to be met to two children who are now aged about 13 years and 12 years, quantum arrived at by trial Court i.e Rs.5000/- to..........
