Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Order rejecting plaint is a decree within meaning of S.2(2) CPC - Only an appeal u/s 96 CPC would lie against such an order - Revision against the same is not maintainable...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband alleges that wife made false allegations of cruelty against him and his family members in criminal case, which ended in his acquittal - However, judgment of acquittal passed by trial Court is not on record - Even otherwise, appeal against such acquittal order is already filed -..........
Criminal Procedure Code, 1973, Section 446, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(c) -- Surety - Forfeiture of bond - Offence u/s 15(c) NDPS Act - Accused on parole and he did not surrender on completion of his parole period - Order forfeiting surety bond of surety in its entirely is certainly a harsh step taken by District Magistrate and First..........
Hindu Marriage Act, 1955, Section 15 -- Decree of divorce - Pendency of appeal - Second marriage - Second marriage shall be lawful only after dismissal of appeal...........
Hindu Marriage Act, 1955, Section 15 -- Decree of divorce - Pendency of appeal - Second marriage - Restriction placed on second marriage till dismissal of an appeal does not apply to a case where parties have settled and decided not to pursue the appeal...........
Hindu Marriage Act, 1955, Section 15, Civil Procedure Code, 1908, Order 23, Rule 1 -- Decree of divorce - Pendency of appeal - Second marriage - Application to withdraw appeal filed on 28.11.2011 and order of withdrawal passed on 20.12.2011 - Second marriage performed on 6.12.2011 i.e. after filing of application to withdraw appeal and before order of withdrawal was passed..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Appeal - Right to withdraw - O.23.R.1 CPC is applicable to appeals as well - Appellant has right to withdraw his appeal unconditionally and if he makes such an application to Court, it has to grant it...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Scope - When there are concurrent findings of fact and there is no material to show that any vital evidence was ignored or that any inadmissible evidence has been considered, there is no scope for interference in such findings in second appeal...........
Practice and Procedure -- Discretion exercised by trial Court, no doubt capable of reversal in appeal, however, can only be reversed if there are sound and cogent reasons...........
All India Services (Discipline and Appeal) Rules, 1969, Rule 3(2), 8 -- Disciplinary proceedings - Approval taken of disciplinary authority for initiation of proceedings and not for issuance of charge memo - Non compliance of mandatory provision of R.8(4) - Order quashing charge memo, held, proper...........
