Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C. - Dropping of - Civil litigation - Proceedings u/s.145 CrPC have been dropped in respect to property concerned on the ground that proceedings were pending before civil court - Court below directed to break open the lock put on property concerned by "any other person" - Held, such direction would be..........
Consumer Protection Act, 1986, Section 12, 2, Civil Procedure Code, 1908, Order 9, Rule 7 -- Consumer complaint - Notice issued but non appeared - Hence, proceeded ex parte - Nothing on record to suggest that notice issued was in fact served - Impugned order set aside - Matter remitted for decision as to whether notice issued was properly served and to decide the matter on..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - Leave of Court is necessary - Leave not to be granted for mere asking - Whoever seeks to submit documents subsequent to filing of suit, is under a duty to explain why the documents could not be filed when plaint was presented - Court to pass a reasoned order - Order allowing late production..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of a party - Broad principles governing are : (1) Court can, at any stage of the proceedings, either on an application made by the parties or otherwise, direct impleadment of any person as party, who ought to have been joined as plaintiff or defendant or whose presence before the Court is necessary for..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Money suit - Proprietor of firm - Impleadment as defendant - Validity - Held, his presence is essential and necessary for just decision of case inasmuch as u, disputedly he was proprietor of firm from whom recovery was sought by plaintiff - No infirmity or illegality in impugned order - Petition dismissed...........
Civil Procedure Code, 1908, Order 23 -- Compromise - Eviction - If compromise was genuine, Court is bound to order eviction as per terms of compromise...........
Civil Procedure Code, 1908, Order 23 -- Compromise - If compromise is not genuine or not valid being opposed to law, Court is required to dispose of issue regarding compromise at the first stage without adjourning case - However, if Court finds that compromise is genuine, it is bound to pass order in terms of compromise - It will be impermissible for Court to examine..........
Civil Procedure Code, 1908, Order 17, Civil Procedure Code, 1908, Order 9 -- Inspite of repeated adjournments evidence not led - Evidence closed by order and suit dismissed - There is no requirement to proceed U.O.17.R.2 when a party is represented by counsel - When counsel is present it cannot be said that party is absent - Court rightly proceeded U.O.17.R.3 CPC to decide..........
Civil Procedure Code, 1908, Section 42, 47, Family Courts Act, 1984, Section 19 -- Decree passed by Civil Court - Execution thereof by Family Court - Appeal u/s 19 of the Act against rejection of objections filed u/s 47 of CPC - Maintainability - Appellants, wife of judgment debtor, and others filed objections u/s 47 of CPC claiming that after passing of decree, judgment..........
Civil Procedure Code, 1908, Order 26, Rule 10A -- Disputed signatures - Report of Forensic Expert - Application for - Declaratory suit filed to declare that sale deed was void - Defendant filed application to send disputed signatures in General Power of Attorney to be compared with admitted signatures of plaintiff in General Power of Attorney and sale deed - Trial Court..........
