Civil Procedure Code, 1908, Order 21, Rule 66 -- Execution - Sale of property - Only such portion of property as would satisfy decree is to be sold and not the entire property - Court's power to auction any property or part thereof is not just a discretion but an obligation imposed on the Court and the sale held without examining this aspect and not in conformity with this..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Plea of divorce by mutual consent - Husband pleaded that trial Court while granting interim maintenance has not specifically dealt with plea taken by him regarding divorce by mutual consent - Though, wife disputed alleged divorce being voluntarily one - However, even if divorce has taken place between..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Simpliciter withdrawal of suit without liberty to file a fresh suit - There was no reason for Court to deny withdrawal - Plea that suit should not have been allowed to be withdrawn without notice to them deserves to be rejected...........
Criminal Procedure Code, 1973, Section 200 -- Cognizance of offence - Magistrate directing investigation u/s 156(3) Cr.P.C. - He cannot be said to have taken cognizance - It is only when Magistrate after applying his mind prefers to follow the procedure under Chapter XV of Cr.P.C. by resorting to S.200 Cr.P.C. he can be said to have taken cognizance of the offence...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302 -- Suspension of sentence during pendency of appeal - Appeal against conviction - Murder - Deceased stated in her dying declaration that she herself poured kerosene and match stick was allegedly lit by accused - It would be debatable as to whether deceased who had sustained 98% injuries would..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Seeking additional relief which arises from the same facts - Should be allowed liberally...........
Civil Procedure Code, 1908, Order 8, Rule 6A, Civil Procedure Code, 1908, Order 6, Rule 17 -- Counter claim - Cannot be allowed to be added through amendment in written statement - It should be independent of the pleading of amendment application...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought was nothing but clarificatory in respect of what defendant had already pleaded in written statement - Application allowed. `..........
Criminal Procedure Code, 1973, Section 438(4) -- (As in U.P.) - Anticipatory bail - Offence u/s 376(3) IPC - Application for pre arrest bail is maintainable...........
Criminal Procedure Code, 1973, Section 438(4) -- (As in U.P.) - Anticipatory bail - Offence u/s 376(3) IPC - Accused has no criminal history - No credible evidence against accused - Accused undertakes to co-operate during proceedings before Court below - Considering nature of accusations and antecedents of accused, anticipatory bail granted...........
