Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Consent decree can be avoided by a party to a consent decree only through an application U.O.23.R.3-A CPC, whose consent has been obtained by coercion, undue influence, fraud, misrepresentation or mistake, as such consent cannot be termed as free consent and contract based on such consent becomes..........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Bar contained U.O.23.R.3-A CPC shall not be applicable to a stranger to the compromise decree challenging the compromise decree provided he is not claiming any right through a party to the compromise decree...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Consent decree can be avoided by a party to a consent decree only through an application U.O.23.R.3-A CPC, whose consent has been obtained by coercion, undue influence, fraud, misrepresentation or mistake, as such consent cannot be termed as free consent and contract based on such consent becomes..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - U.O.1.R.10(2) CPC Court can implead any party at any stage even without an application, if it thinks, that his presence is necessary in order to effectively adjudicate the suit...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party at appellate stage - If applicant is able to show that he would be seriously prejudiced in case he is not impleaded as a party, even at the appellate stage, such impleadment should be allowed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchaser - Petitioner purchased the property just prior to passing of judgment and decree of suit - He is thus, a purchaser pendente lite - Since petitioner has been able to show his substantial interest in the adjudication of the matter and he is going to be directly affected by any decision of..........
Civil Procedure Code, 1908, Order 21, Rule 26, 29 -- Stay of execution - Ex parte decree - Petitioners already filed a miscellaneous case U.O.9.R.13 CPC for setting aside ex parte decree - O.21.R.26 CPC not applicable - Moreover, no suit is pending between parties except said miscellaneous case - Petitioner had also not shown sufficient cause to stay execution case as such..........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Identification of accused - Eye witness/PW1 identified accused as driver of crime lorry and deposed that he is responsible for the incident - Owner of vehicle/PW3 also deposed that on the date of incident, accused was the driver of lorry and he handed over the vehicle record to police - Nothing was..........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Accused drove the lorry in a rash and negligent manner and dashed against deceased who was sitting on a chair in front of her house resulting his death - PW1/eye witness of incident was in the verandha at the time of incident and accident occurred in front of her house - There is no material on record to..........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Sentence - Incident occurred in 2008 and 16 years have already lapsed - Sentence reduced to 3 months from 6 months for offence u/s 304-A IPC...........
