Civil Procedure Code, 1908, Section 152 -- Rectification of order - Typographical error - Court was inclined to reject the application but in operative portion it is wrongly typed as allowed - In case of any type of bona fide error including typographical error in the order, same can be rectified at any stage u/s 152 C.P.C - Error rightly rectified...........
Civil Procedure Code, 1908, Order 1, Rule 10(2), Hindu Marriage Act, 1955, Section 13, Hindu Marriage (Punjab) Rules, 1956, Rule 8 -- Impleading of adulterer as a party in a petition for divorce on ground of adultery - Joining of adulterer as a party is mandatory as per Rules framed under Hindu Marriage Act - Moreover, finding of adultery would adversely affect the..........
Civil Procedure Code, 1908, Section 151, Evidence Act, 1872, Section 45, Hindu Marriage Act, 1955, Section 9, 13(1)(ia) -- Matrimonial dispute - Medical test of both husband and wife - Wife sought divorce on the ground that marriage between parties not consummated because of impotency of husband - Husband filed application for subjecting himself to undergo potentiality..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 466, 467, 471, 120B -- Quashing of FIR - Civil dispute - Undergone a metamorphosis into a criminal dispute - Not to be scuttled at the threshold - Order quashing FIR set aside...........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Unsoundness of mind - Enquiry as to - Case of plaintiff falls under second part of O.32.R.15 CPC and thus, Court has to make an inquiry whether she is in fact so - Since no inquiry was made by trial Court when issue was raised before it as such order rejecting application set aside - Matter remanded for decision afresh after..........
Civil Procedure Code, 1908, Order 40, Rule 1, 2 -- Discharge of receiver - Receiver discharges his duties at the pleasure of Court - If Court discharges receiver, he has to hand over charge forthwith to newly appointed receiver - However, at the time of discharge, receiver is adequately remunerated for work he has done - Outgoing receiver granted leave to apply before..........
Civil Procedure Code, 1908, Section 51 -- Execution - Money decree - Inability of JDs to pay amount does not automatically result in civil imprisonment - Court is required to record a positive finding that JDs are intentionally evading to re-pay the amount despite resources...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Petitioner contended that suit property claimed by plaintiffs encompasses the property purchased by him from defendant - Even if it is assumed that petitioner is a purchaser pendente lite and even if it is treated to be not bonafide purchaser, yet since the sale is brought about by..........
Civil Rules of Practice, Rule 203A, Civil Procedure Code, 1908, Section 151 -- Issuance of certified copy of photostat copy of an unmarked document - Unmarked certified copy of agreement of sale was allowed to be returned by permitting it to be substituted by a photocopy of said document - Application for issuance of certified copy of photostat copy of said unmarked..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 506 -- Quashing of summoning order - Offence u/ss 406, 506 IPC - Allegation of non-payment of salary and provident fund to complainant after resignation - No prima facie evidence on record that after resigning from company of accused, complainant joined another company and shared confidential..........
