Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Petitioner is in Canada since 2015 - No notice/proclamation was served upon him at the place of his residence and he was wrongly declared proclaimed offender vide impugned order in breach of prescribed procedure u/s 82 Cr.P.C - Order of declaring petitioner as proclaimed offender quashed along with all..........
Criminal Procedure Code, 1973, Section 482, 362 -- Altering or reviewing of judgment or final order - Except to correct a clerical or arithmetical error, applies to S.482 Cr.P.C. as well...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Jurisdiction of Court - Suit for cancellation of sale deed and correction of entries in revenue record - Plaintiff is seeking relief mainly for cancellation of sale deed - Sale deed can only be cancelled by civil Court after adducing evidences by parties - Court below already framed issues regarding..........
Criminal Procedure Code, 1973, Section 125, 127, 128 -- Execution of order passed u/s 125 or 127 Cr.P.C. - Order can be enforced by Court where such person resides or by Court which passed the order irrespective of the fact that such person is residing at a place outside the jurisdiction of Court which passed the order...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - No illusory cause of action created by clever drafting by reading the plaint holistically - Order rejecting plaint set aside...........
Criminal Procedure Code, 1973, Section 482 -- Application u/s 156(3) Cr.P.C. - Order to treat the same as complaint case - Not an interlocutory order - It is revision and not petition u/s 482 Cr.P.C. which is maintainable...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Trial Court while deciding application did not dealt with the fact as to whether amendment sought is necessary or not for just disposal of suit - Impugned order set aside - Matter remitted for decision afresh...........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit - Objection regarding maintainability of suit - Mere pendency of suit for 12 years cannot be a ground to reject application raising objection with regard to maintainability of suit - Impugned order of rejection of application set aside - Matter remanded back to trial Court for deciding application afresh...........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 498A, 406 -- Discharge - Offence u/ss 498-A, 406 IPC - Magistrate has correctly appreciated the prosecution case as put forth in charge sheet and came to finding that case against respondents not made out - Judgment of revision Court endorsing the finding of Magistrate is also well within the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Co-owners - No pleading with regard to any construction activity initiated by defendants in suit land - Only repair work undertaken by defendant - Does not amount to destruction or damage to joint property - Status quo order rightly set aside - Plaintiff can seek amendment of plaint and to add a..........
