Civil Procedure Code, 1908, Order 26, Rule 9, 10 -- Appointment of new Commissioner and scrapping of report of Advocate Commissioner - Report of Advocate Commissioner cannot be scrapped on flimsy grounds - Defendants have already filed their objections to the report - Report of Advocate Commissioner by itself will not be a determining factor - It will only be a piece of..........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Commissioner - Dismissal of application on the ground that it is for collecting evidence - Review filed thereagainst - The fact that there is conflict in the two reports of Tehsildar was neither mentioned in application filed U.O.39.R.7 CPC or in the application filed for review but this fact was mentioned in the written..........
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, Section 34 -- Interest - Delayed payments - Grant of interest in case of money decree - Only bank rate interest, being given by nationalized bank can be granted - Grant of interest @ 18% per annum reduced to 9% per annum...........
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...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 23(c), 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 557 injections of Avil (10 ml each), 198 injections of Burenorphine (Leegesic) (2 ml each), 76 injections of Buprenorphine (BI Norphine) (2 ml each) and 20 injections of Pentazocine Lactate (Pencab-P) (1 ml each) - No recovery effected..........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Section 11 -- Divorce petition - Res judicata - Petition for dissolution of marriage on ground of cruelty, desertion and adultery is not precluded from suing again, on the same grounds, provided relief is founded on new facts...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 1 kg 555 grms charas - Petitioner is in custody since 30.3.2021 - Trial is not likely to be concluded in near future - There is nothing on record to suggest that delay in trial is attributable to accused - Bail granted to accused...........
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...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - The aspects whether there is continuing cause of action or whether it is a construction contract or whether time was essence of contract etc. cannot be gone into at this stage...........
