Civil Procedure Code, 1908, Section 104, Order 43, Rule 1 -- Does not contemplate orders or decrees passed under a special statute - Section 104 specifies matters which would be appealable and no other - Appeals from orders provided for in Section 104 and Order 43 Rule 1 contain a full list of appealable orders - By reason of Section 104 bar of appeal under a special..........
Civil Procedure Code, 1908, Order 34, Rule 8, 7(1), 7(2) -- Usufructuary mortgage - Final decree in redemption suit - Limitation - Court in preliminary decree fixed time for payment of amount declared due - Default in depositing payment - Mortgagor not debarred from his right to redeem mortgaged property - Sub-rule (2) of Rule 7 Order 34 providing for extra time to..........
Civil Procedure Code, 1908, Section 115, Order 7, Rule 11 -- Court's direction to file written statement without deciding application under Order 7 Rule 11 - Order suffers from non - exercise of jurisdiction vested in Court as well as procedural irregularity - Liable to be set aside...........
Criminal Procedure Code, 1973, Section 200 -- Second complaint on same facts - Can be entertained only in exceptional circumstances, namely, where the previous order was passed on an incomplete record or on a misunderstanding of the nature of complaint or it was manifestly absurd, unjust or where new facts which could not, with reasonable diligence, have been brought on..........
Civil Procedure Code, 1908, Section 152, 47, Order 7, Rule 3, Civil Procedure Code, 1908, Section , Order 20, Rule 3 -- When suit as to immovable property decreed and property not definitely identified - Defect in Court record caused by overlooking of provisions contained in Order 7 Rule 3 and Order 20 Rule 3 - Capable of being cured - Resort can be had to Section 152 or..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 34, 32 -- Decree for specific performance of contract for sale of immovable property - Draft sale deed accompanied by a notice requiring objections to be made by judgment-debtor as provided by sub-rule (2) of Rule 34 of Order 21 not caused to be served by Court - Judgment-debtor repeatedly insisting on draft sale deed..........
Civil Procedure Code, 1908, Order 41, Rule 6 -- Amount of security deposited as demanded through interim order passed by Appellate Court - Absence of any further or final order - Amount of security should have remained as security liable to be released in favour of person who had deposited the amount of security...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Rejection by Sessions Court - High Court while exercising jurisdiction u/s 439 Cr.P.C. is not a Court of appeal or Court of revision but High Court should keep in mind the reasons for rejecting the bail set out in the order of Sessions Court - High Court order should appear that it was conscious of the reasons for..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Appellate Court if interferes with judgment of trial Court in the event of suit having been decreed - Judgment of Appellate Court should precisely and specifically set out reliefs granted and modifications, if any, made in original decree explicitly and with particularity and precision - Order 41 Rule 31 casts obligation..........
Civil Procedure Code, 1908, Order 20, Rule 1, 5, 6, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 -- Order 20 requires a judgment to contain ail the issues and findings or decision thereon with reasons therefor - Judgment has to state the relief allowed to a party - Obligation cast by Code that decree shall agree with the judgment - Judgment should clearly indicate the relief..........
