Civil Procedure Code, 1908, Section 151 -- Quashing of order - Order directing defendants to produce their witnesses without formal order closing evidence of plaintiff - Mere technicality - From the order itself it is abundantly clear that evidence of plaintiff was closed - No interference warranted in impugned order...........
Criminal Procedure Code, 1973, Section 389 -- Bail during pendency of appeal - Appeal against conviction - No reasons assigned by High Court for grant of bail - Order granting bail during pendency of appeal held, set aside - Matter remitted to High Court...........
Criminal Procedure Code, 1973, Section 389 -- Bail during pendency of appeal - Appeal against conviction - Additional evidence against accused to show the criminal background of accused filed for the first time in appeal - List of criminal cases shows that some cases were registered against accused prior to grant of bail and some cases registered after grant of bail -..........
Protection of Women From Domestic Violence Act, 2005, Section 23, Criminal Procedure Code, 1973, Section 482 -- Interim maintenance - Husband claimed that he has no capacity to pay amount of maintenance assessed by appellate Court - However, wife strongly submitted that her husband has ability to pay amount of maintenance - It is a question of fact to be decided on..........
Civil Procedure Code, 1908, Section 151, 9, Order 7, Rule 11(d) -- Rejection of plaint - Jurisdiction of civil Court - Suit for cancellation of sale deed - Wife executed power of attorney in favour of her husband out of principal and agent relationship and not on the basis of marital relationship - S.7 of Family Courts Act does not apply to case - Civil Court thus, have..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Non-appearance of complainant - Acquittal of accused - Accused was also absent on the particular day - Magistrate should not have resorted to axing process, particularly when accused was also not present on that date and therefore, he could very well have..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Amendment of application - Proceedings are quasi civil and quasi criminal - Amendment sought is only for addition of minor children in the petition and that does not make any difference in the nature of application - Order allowing amendment, upheld...........
Civil Procedure Code, 1908, Order 21, Rule 106(3) -- Execution - Setting aside ex parte order passed in execution petition - Application has to be filed within 30 days from the date of order and not from the date of knowledge...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking of defence - Before taking a final decision for striking off defence, Court must apply its mind to all facts and circumstances appearing in the case and if finds good reasons, it may decline to order striking off defence...........
Civil Procedure Code, 1908, Section 144 -- Restitution - Three conditions necessary to be satisfied are : (i) Restitution sought must be in respect of decree or order which had been varied or reversed; (ii) party applying for restitution must be entitled to a benefit under a reversing decree or order; and (iii) relief claimed must be properly consequential on reversal or..........
