Civil Procedure Code, 1908, Section 151 -- Stay of civil suit during pendency of criminal proceedings - Petition u/s 11 Hindu Marriage Act filed by husband - Proceedings for offence u/s 376, 504 IPC pending against husband - Purpose and method of two proceedings are entirely different - Yardstick for assessment of evidence in both the proceedings are also entirely distinct..........
Civil Procedure Code, 1908, Section 96 -- First Appeal - First appellate Court must analyze entire evidence produced by concerned parties and express its opinion in proper sense of jurisdiction vested in it and by elucidating analyzing and arriving at conclusion that appeal is devoid of merit...........
Civil Procedure Code, 1908, Section 96 -- First Appeal - Remand of case - Appellant raised formidable issues on facts as well as on law which ought to receive proper attention of High Court in first instance in exercise of power u/s 96 CPC - Additionally, High Court will have to address grievance of appellant that some of documents which in opinion of appellant are crucial..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte award - Setting aside - Proceedings under Motor vehicle Act - Appellant was registered owner of offending vehicle - Report of process server is in contradiction to report of Sarpanch - Entire liability is fastened on appellant, as insurer is absolved of its liability to pay compensation - Moreover, nobody has..........
Civil Procedure Code, 1908, Order 38, Rule 11B -- Attachment before judgment - Non communication of order to Sub Registry, which is mandatory for effecting attachment - There is thus, non-compliance of mandatory provision of O.38.R.11-B CPC, which save the alienation made after attachment...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of PW1 for re-examination - Plaintiff case is that in order to prove that her vendor was in absolute possession of suit property and after the purchase by her she is in possession, certain additional documents are required to be marked - Application not filed to fill up lacuna in the plaint - Plaintiff..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - The very purpose for exercising power u/s 482 Cr.P.C. is to avoid agony of undergoing a criminal trial to the concerned persons, especially when complaint and/or FIR makes out no case against them or a dispute is of a civil nature...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420, Prize Chits and Money Circulation Scheme (Banning) Act, 1978, Section 3, 4 -- Quashing of FIR - Offence u/ss 406, 420 IPC and Ss.3, 4 of Prize Chits and Money Circulation Schemes (Banning) Act - It is a case where both parties are alleging violation of terms and conditions of agreement..........
Civil Procedure Code, 1908, Section 47 -- Arbitration award - Execution - Relief of eviction and compensation not granted - D.H. did not challenge the award - In absence of any challenge to award at the instance of DH, such lacunae cannot be patched up by introducing prayers by way of execution, which were not granted in award itself - Executing Court exceeded its..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Wrong reading or interpretation of any exhibited document may constitute a ground for appeal, but it would not confer upon this Court power to correct such error by exercising review jurisdiction...........
