Civil Procedure Code, 1908 -- Auction sale - Objections - Dismissed - Sale confirmed - Held, if an appeal is pending against an order refusing to set aside the sale, it is open to J.D. to make necessary deposits to save his property - Sale does not become absoltue or irrevocable merely on passing an order confirming the sale - It would attain finality on disposal of..........
Motor accident -- Compensation - Award passed - Appeal not filed and award became final - Subsequently it was found that claimants did not receive injuries in accident but it was due to fall of tractor in the pit - Application filed u/s 151, 152 and 153 CPC to recall the order, dismissed - Writ petition also dismissed - Held, no Court or Tribunal can be regarded as..........
Criminal Procedure Code, 1973, Section 482 -- Exercise of inherent powers - Cognizance of offence - High Court without even noticing accused passed impugned order directing Magistrate to take cognizance for offence punishable u/s.307 IPC - Held, impugned order liable to be quashed since same has been passed without even hearing accused - Matter remitted to High Court for..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Breach of injunction - By a person not party in the suit - Cannot be held guilty for breach of any order...........
Civil Procedure Code, 1908, Order 39, Rule 4 -- Impleading of a defendant after passing order of injunction - That party after being impleaded as a defendant has a legal right to approach the Court to consider afresh the question of granting injunction affecting its rights...........
Criminal Procedure Code, 1973, Section 243(1) -- (as amended by S.22 of Prevention of Corruption Act, 1988) - Prevention of Corruption Act, 1988, S.5(1) - Defence evidence - Appellant submitted a list of 267 witnesses for defence - Trial Court not allowed him to examine all persons mentioned in list and directed him to limit number to minimum necessary - High Court as per..........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Receiver - Appointment of receiver suo motu in writ proceedings - Lower Courts rejected prayer for interim relief pending suit and dismissing application on merit - High Court in writ petition appointed Receiver suo motu though none of the parties asked for it - Improper - Power to appoint Receiver suo motu cannot be..........
Consumer Protection Act, 1986, Civil Procedure Code, 1908, Order 9, Rule 9(1) -- CPC - Applicability to proceedings under the Act - CPC is applicable to the proceedings under the Consumer Protection Act only to a limited extent - Order 9.R.9(1) is not applicable to the proceedings under the Act...........
Civil Procedure Code, 1908 -- Consumer Protection Act, 1986- CPC - Applicability to proceedings under the Act - CPC is applicable to the proceedings under the Consumer Protection Act only to a limited extent - Order 9.R.9(1) is not applicable to the proceedings under the Act...........
Criminal Procedure Code, 1973, Section 482 -- Inherent powers - Quashing of complaint - Validity - Complaint discloses commission of an offence - Ingredients of offences u/ss 415, 418 and 420 cannot be said to be totally absent on basis of allegations in complaint - Whether or not allegations in complaint are otherwise correct has to be decided on basis of evidence to be..........
