Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Dismissal of application - Reasons given for dismissal of application not considered by High Court while deciding second appeal - Impugned judgment set aside - Matter remitted for decision afresh...........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree for permanent injunction - Judgment Debtor producing fresh documents claiming title over suit land - Held, Executing Court or High Court in revision cannot go behind the decree by looking into fresh documents...........
Criminal Procedure Code, 1973, Section 433A -- Remission of sentence - The right to ask for remission of sentence by a life convict would be under the law as was prevailing on the date on which the judgment of conviction and sentence was passed...........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - On the basis of evidence led additional accused summoned by holding that a strong suspicion can be a ground to proceed against any person in a criminal case - Strong suspicion is a criterion for framing a charge but not for summoning a person as an additional accused - There was no possibility of recording..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - When ex parte decree is passed, defendant has more than one remedies - He may file a suit contending that the decree was obtained fraudulently - He may file an application U.O.9.R.13 CPC for setting aside the ex parte decree - He may prefer an appeal from the ex parte judgment and decree - In..........
Civil Procedure Code, 1908, Order 37, Rule 3(6) -- Summary suit - Leave to defend - Conditional leave granted with a condition to deposit 50% of the amount of suit claim - If condition is not complied with then a judgment in favour of plaintiff can be passed - First appeal is maintainable against such a decree...........
Civil Procedure Code, 1908, Order 37, Rule 3(6) -- Summary suit - Leave to defend - Principles governing : (a) If the defendant satisfies the court that he has a good defence to the claim on its merits the plaintiff is not entitled to leave to sign judgment and the defendant is entitled to unconditional leave to defend; (b) If the defendant raises a triable issue..........
Judicial indiscipline -- Name of victim of rape mentioned in judgment - Held, this is judicial indiscipline...........
Civil Procedure Code, 1908, Order 37, Rule 3(6) -- Summary suit - Leave to defend - Conditional leave granted with a condition to deposit 50% of the amount of suit claim - If condition is not complied with then a judgment in favour of plaintiff can be passed - First appeal is maintainable against such a decree...........
Civil Procedure Code, 1908, Order 37, Rule 3(6) -- Summary suit - Leave to defend - Principles governing : (a) If the defendant satisfies the court that he has a good defence to the claim on its merits the plaintiff is not entitled to leave to sign judgment and the defendant is entitled to unconditional leave to defend; (b) If the defendant raises a triable issue..........
