Civil Procedure Code, 1908, Order 21, Rule 58A, Civil Procedure Code, 1908, Order 38, Rule 11B -- As amended in State of Madras - Execution - Attachment of property - Order of attachment passed by Competent Civil Court must be communicated to jurisdictional Registrar and to be entered in encumbrance certificate - In the absence of same, order is not enforceable and is void..........
Civil Procedure Code, 1908, Order 21, Rule 54(2) -- Execution - Attachment of property - Order of attachment shall be deemed to take effect as against the transferees without consideration from the date of order of attachment - However, as against all other persons, from the date on which they get knowledge about the order of attachment or the date on which the order was..........
Civil Procedure Code, 1908, Order 21, Rule 58(3) -- Execution - Attachment of property - Bona fide purchasers - Order of attachment has been entered in encumbrance certificate 6 months after execution of sale deed in favour of claim petitioners - Claim petitioners thus, had no knowledge of order of attachment on the date of sale deed - They held to be bona fide purchasers..........
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...........
