Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 326, 452, 506, 148, 149, 302, 201, 323 -- Interim medical bail - Offence u/ss 307, 326, 452, 506, 148, 149, 302, 201, 323 IPC - As per medical advice, petitioner is still required to undergo complete bed rest, it shall be open for him to file an application by annexing all medical records in..........
Civil Procedure Code, 1908, Section 149 -- Deficient Court fee - Delay in payment - If entire Court fee is paid within limitation period provided for filing suit, no notice is necessary to respondent in the application for condonation of delay in payment of deficient Court fee...........
Civil Procedure Code, 1908, Section 149 -- Deficient court fee - Paid within extended time to pay court fee - Non-payment of entire Court fee within limitation period cannot lead to conclusion that suit itself was not filed in time...........
Civil Procedure Code, 1908, Section 149 -- Payment of deficient Court fee - Extension of time - Power of Court to make up deficiency of Court fee is subject to discretion of Court and is not claimable as of right by a party - Said discretion cannot be interfered with unless exercised in violation of recognized principles of law or cause grave injustice...........
Civil Procedure Code, 1908, Section 149 -- Payment of deficient Court fee - S.149 CPC confers discretion upon Court to allow a person to pay deficient Court fees at any stage - Once Courts exercises such a discretion and payment of Court fee is made in accordance with said decision, document u/s 149 CPC shall have same force and effect as if such fee had been paid in first..........
Civil Procedure Code, 1908, Section 149 -- Payment of deficient Court fee - Agreement to sell - Plaintiff filed suit for mandatory injunction after more than three years of date fixed under agreement of sale and valued the same and paid Court fee accordingly - He chose to pay proper Court fee after being confronted with an application for dismissal of suit - Plaintiff..........
Civil Procedure Code, 1908, Section 149 -- Deficit Court fee - Court has discretion to permit plaintiff to pay deficit Court fee - However, discretion has to be exercised judicially "and on sufficient cause" shown by plaintiff, as to why he did not pay the entire Court fee at the first instance - This becomes mandatory, since Court fee is paid after period of limitation..........
Civil Procedure Code, 1908, Section 149 -- Deficit Court fee - Extension of time - Order allowing to pay deficit Court fee passed without giving notice to defendant - Impugned order set aside - Matter remitted for decision afresh after issuing notice to defendant...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 447, 427, 511, 506, 148, 149 -- Summoning of additional accused - Offence u/ss 447, 427, 511, 506, 148, 149 IPC - Property dispute - Allegation that complainant forcibly dispossessed from shop in question - However, possession of petitioners over shop in question already declared by civil Court -..........
Court Fees Act, 1870, Section 4, Civil Procedure Code, 1908, Section 149 -- Deficient court fee - S.149 CPC is to be read as a proviso to S.4 of Court Fees Act - Court can fix a period of time in which deficiency in Court fee can be made good...........
