Civil Procedure Code, 1908, Section 152 -- Judgment and decree - Amendment - Every Court has inherent power to vary or amend its own decree or order so as to carry out its own meaning - In so doing it does nothing but exercises a power to correct a mistake of its ministerial officer by whom the decree or order was drawn up...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Granted by trial Court - Order interfered with by Sessions Court in revision filed by husband - Wife approached High Court but her application was dismissed as time barred without going into merits - High Court ought to have condoned delay and should have decided revision on merits...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 465, 34 -- Forgery - Common intention - Quashing of summoning order - Validity - Complaint specifically alleged that all three accused had in a sense together forged document which was presented in Court - Held, High Court not justified in quashing order summoning accused Nos. 1 and 3 - Impugned..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising any construction towards western side of house of plaintiff and directing defendant to remove encroachment raised by him - Plaintiff proved that there was street on western side of his house - Report of Local Commissioner, prima facie, established that defendant..........
Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3, Criminal Procedure Code, 1973, Section 125, 128 -- Order passed u/s 125 Cr.P.C. - Not nullified on coming into force of the Muslim Women (Protection of Rights on Divorce) Act, 1986 - Such orders can be executed under S.128 of the Code...........
Civil Procedure Code, 1908, Order 11, Rule 14 -- Discovery and inspection of Bank documents - Documents relevant for throwing light on matter in controversy, though not admissible in evidence - Error on part of trial Court in rejecting application - Order of trial Court set aside...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Police help - Cannot be granted in case where status quo order was passed - Police help can only be granted in a case where ad interim injunction is granted and there is apprehension of interference by the other party...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397, 378(4), 401(4) -- Acquittal by trial Court - Sessions Judge in revision convicted accused - Held, only an appeal against order of acquittal lies to High Court - No revision against such order is entertainable - Order passed by Sessions Judge is without jurisdiction - The same set..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397, 374(4) -- Acquittal by trial Court - Sessions Judge in revision convicted accused - Revision and not appeal is the remedy available - Appeal lies only if conviction is recorded by trial Court - Where conviction is recorded by Sessions Jude, not on trial, but in exercise of revisional..........
Civil Procedure Code, 1908, Order 38, Rule 1 -- Order of arrest before judgment - Order to be passed only where the plaintiff is able to make out a prima facie case and on being satisfied of the ingredients with regard to possible ascendance or disposal of the properties with intention to delay or obstruct the execution of the prospective decree...........
