Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 12 -- Eviction - Default of rent - Primary relief sought in respect of eviction on the ground of default of rent - Relief in respect of unauthorized occupant is an ancillary relief - Held, ancillary relief can be granted where composite cause of action arises - Provincial Small Cause..........
Civil Procedure Code, 1908, Order 40, Rule 1, 2, 3, 4 -- Appointment of Receiver - Loss caused by Receiver - Power of Court - Held, Court is very well equipped with ample jurisdiction to exercise its penal powers to make good the loss caused by Receiver due to failure to discharge his duties or by occasion of loss to property by willful default or gross negligence...........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Default in payment - Power of Magistrate to impose sentence - Held, limitation on power of Magistrate to impose sentence is up to maximum of one month relatable to each month of default in payment of maintenance and that subject to limitation prescribed in proviso to sub-s.(3) of S.125 of Code - Open for..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint for default - Complainant remained absent on date of hearing - But he preferred an application for exemption on the said date on account of his sickness and health ground - Held, it cannot be construed that complainant was not diligent..........
Civil Procedure Code, 1908, Order 9, Rule 5 -- Dismissal in default - There could be no dismissal in default if a defendant was already served with summons...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 5 -- Dismissal in default - Restoration - Inherent power - Court has inherent power to restore suit dismissed for default under O.9.R.5 CPC...........
Criminal Procedure Code, 1973, Section 167 -- Computation of period for default bail under proviso to S.167(2) - Held, time starts from date of remand - Time does not begin to run from date mentioned by Investigating Officer as date of formal arrest of accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of poppy husk - Conviction under Old Act - Appeal filed after Amendment of Act came into force - Applicability - Alleged recovery, after amendment Act treated as no, commercial - Held, amended act is applicable as amended Act came into force on 02.10.2001 and conviction recorded on 03.10.2001 -..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Grant of - First production before Magistrate - Held, nowhere u/s 167(2), Cr.P.C. prescribes date of arrest as reckoning period for commencing period of 90 days - It is only from date of first production before Magistrate that has to be accounted for qualifying for what is called as default bail...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution proceedings - Application alleging disobedience of injunction order - Held, executing court would have to adjudicate upon application alleging disobedience of injunction on touchstone of O.21.R.32 CPC - It is only after executing court is satisfied that there is a willful default/disobedience of said order that..........
