Civil Procedure Code, 1908, Order 8, Rule 1(A3) -- Late production of documents - Will - Partition suit - Defendant not pleaded in additional written statement regarding Will in question nor said Will filed along with additional written statement - Even, there is no reference to date of execution of Will in additional written statement - In the absence of pleading, any..........
Civil Procedure Code, 1908, Order 21, Rule 85 -- Auction sale - Payment of balance amount - Statutory period has been prescribed for deposit of full amount of sale money as contemplated U.O.21.R.85 CPC - Discretion exercised by executing Court permitting auction purchaser to deposit amount beyond said period is uncalled for - Impugned order of allowing petitioners to pay..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420 -- Anticipatory bail - Granted with condition to deposit Rs.22 lacs - Accused himself volunteered to deposit the said amount - However, even if accused himself had undertaken to make payment, such undertaking could not have weighed in the mind of High Court to decide the question of grant of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 324, 506, 149, 148, 147 -- Quashing of complaint - Offence u/ss 323, 324, 506, 149, 148, 147 IPC - Trial Court relying upon statements of complainant and three witnesses produced by complainant formed opinion that there are sufficient grounds to proceed against accused - No such opinion was..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents sought to be proved on record by way of additional evidence are extremely relevant material having bearing on issues involved in the case for determining rights of parties - Application filed by plaintiff U.O.41.R.27 CPC was required to be adjudicated upon by first appellate..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner at the stage of second appeal - Boundary dispute - Report of earlier Local Commissioner vague and contrary - Local Commissioner could have been appointed by High Court but as it will cause denial to parties to their right to assail report or findings returned on basis of such report as such..........
Civil Procedure Code, 1908, Section 151 -- Consolidation of suits - Court has power u/s 151 CPC to order consolidation of suits for practical reasons and for convenience of Courts and also to prevent multiplicity of proceedings, conflicting judgments, expenses and delay - It helps prevent rendering different judgments...........
Family Courts Act, 1984, Section 19, Criminal Procedure Code, 1973, Section 125 -- Maintenance order by Family Court - Appeal thereagainst does not lie - Such order is amenable to Criminal Revision in High Court u/s 19(4) of Family Courts Act...........
Civil Procedure Code, 1908, Order 43, Rule 1(c), (d) -- Appeal - When there is conditional order allowing an application either U.O.9.R.9 or U.O.9.R.13 CPC with a default clause of rejection of application, it would squarely come under either of O.43.R.1(c) or O.43.R.1(d) CPC - Order is thus, appealable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from selling properties allegedly bequeathed to him by father of defendants through unregistered Will - Finding on prima facie case recorded by trial Court while allowing application is not supported by any material on record - Trial Court has put negative burden upon defendant..........
