Civil Procedure Code, 1908, Order 1, Rule 10 -- Deletion of name of defendant No.2 as party - Defendant No.2 has interest in property - He is a necessary party whose presence is required for disposal of suit - Merely on the ground that no relief is being sought against defendant No.2, his name cannot be deleted, as power of Court U.O.1.R.10 CPC is much wider than merely to..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 6, Rule 16 -- Rejection of plaint and striking out pleadings - Two separate applications - Court considered application U.O.6.R.16 CPC first and struck out certain pleadings - Court then deciding application U.O.7.R.11 CPC and rejecting plaint - No finding that rest of the pleadings which still..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration and permanent injunction - Cause of action - Even made out from the averments made by defendant in application for rejection of plaint - Order rejecting plaint, set aside...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Return of case diary - Rape case - Two applications filed one on behalf of respondent and other by Deputy Superintendent of Police - However, in said applications there is no mention that any material evidence was detected after filing First Report - There is thus, no justification in sending matter..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Condonation of delay - Delay of 1085 days - Suit for permanent injunction and mandatory injunction - Petition was returned for some rectification - But due to bundle was misplaced in Advocate`s office there was a delay of 1085 days occurred in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte interim injunction order - Restraining Muslim husband from re-marrying another cannot be granted, when personal law expressly permits him to have more than one wife at a time...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Proceeding u/s 125 Cr.P.C. is summary proceeding - Order does not determine right of parties...........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 420, 467, 468, 471, 448 -- Cancellation of bail - Cheating - Property dispute - Dispute between parties is of civil in nature, as civil proceeding pending in Civil Court - Accused are in possession of property in dispute and they got injunction order by competent Court in their favour -..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Words `not sufficient ground for proceeding against accused' appearing in S.227 Cr.P.C. postulate exercise of judicial mind on part of judge to facts of case in order to determine whether a case for trial has been made out by prosecution...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - An order of discharge would be warranted only in those cases where Court is satisfied that there are no chances of conviction of an accused and trial would be an exercise in futility - Probative value of material on record cannot be gone into by Court...........
