Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Death of one of the defendants a guarantor - Notice sent to one of L.R's on incorrect address - Exparte decree passed - Said L.R. applied for setting aside ex parte decree - Order of rejection - No finding as to service of notice on him nor any enquiry held in that regard - His share in estate..........
Succession Act, 1925, Section 299, Civil Procedure Code, 1908, Section 2(2) -- Grant of probate - Order passed in such proceedings - Not a decree - Appeal against such order to be presented as Miscellaneous appeal...........
Civil Procedure Code, 1908, Order 21 &22 -- Death of D.H. during pendency of execution - Impleading of L.R's Requirement of succession certificate - Punishment of stoppage of 5 increments set aside - Arrears of salary cannot be regarded as a debt - It is the balance amount which became due after the decree was passed in favour of the D.H. - - S.214 Succession Act is not..........
Criminal Procedure Code, 1973, Section 397(2) -- Discharge - Application for discharge whether rejected or granted - Revision lies - Such an order is not an interlocutory order as such bar u/s 397(2) is not attracted - The conclusion that order rejecting such application is only interlocutory and therefore not revisable is incorrect...........
Civil Procedure Code, 1908, Section 151, Order 20, Rule 11 -- Suit for foreclosure of mortgage - Preliminary decree - Order allowing payment of decretal amount in instalments - Order passed in exercise of inherent powers u/s 151 CPC not invalid...........
Civil Procedure Code, 1908, Section 100 -- Unchallenged remand order of lower Appellate Court though binding on it is not binding on the superior Courts while hearing the appeal...........
Criminal Procedure Code, 1973, Section 374, 389, 482 -- Conviction - Appeal against - Suspension of sentence - Termination of service of an employee - Order of conviction stayed during the pendency and disposal of appeal...........
Civil Procedure Code, 1908, Order 39, Rule 3 -- Exparte ad interim injunction - Reasons for dispensing with the notice to be recorded - If reasons are not recorded then exparte ad interim injunction order is unsustainable...........
Civil Procedure Code, 1908, Order 39, Rule 3 -- Exparte ad interim injunction - Reasons for dispensing with notice if not recorded - Appeal lies against such an order - Contention that appeal lies against such an order only if petition is not decided finally within 30 days - Not correct...........
Civil Procedure Code, 1908, Section 115, Order 38, Rule 5, 6 -- Court not passing any order under rule 5 - Order rejecting prayer for attachment can be deemed to be an order under rule 5 and not rule 6 - Hence revision u/s 115 is maintainable...........
