Civil Procedure Code, 1908, Section 30, 32, Order 16, Rule 10, 12 -- Summoning of police official - Diet money deposited - Evidence closed without making any effort to summon said official witness - Presence of such witness cannot be secured without assistance of Court - Impugned order set aside - Trial Court to ensure the issuance of process against summoned witness...........
Criminal Procedure Code, 1973, Section 256 -- Non-appearance of complainant - Acquittal of accused - Neither complaint was posted for trial on the date when impugned order of acquittal was passed, nor an order directing complainant to be present - Magistrate ought to have adjourned the complaint to a later date and directed complainant to be positively present for trial -..........
Criminal Procedure Code, 1973, Section 125, 311 -- Maintenance to wife - Further cross examination of wife sought to confront wife with certain conversation recorded by husband on his mobile - Conversation of wife recorded without her knowledge and behind her back which amounts to violation of her right to privacy and also right of wife guaranteed u/art 21 of Constitution..........
Civil Procedure Code, 1908, Order 21, Rule 64, 66 -- Execution - Attachment of property - Suit filed against Company through its Managing Director - Petitioner being Managing Director has given personal undertaking in the written statements, chief-affidavits as well as in cross-examination for repayment of suit amounts personally - He cannot now take a ground that he is..........
Civil Procedure Code, 1908, Section 19, Order 7, Rule 10 -- Return of plaint - Lack of territorial jurisdiction - Suit for compensation for wrong done - Mere injury or wrong done without anything more would not suffice to sustain claim of compensation - Wrong done takes both the act and effect - In the instant case, death of daughter of plaintiff happened in Delhi but its..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title and possession - Once the title of plaintiff's vendor acquired under sale deed is established and purchase of same property by plaintiff i.e his father on his behalf under registered sale deed is held by two Courts, there was no reason or justification to interfere with concurrent..........
Civil Procedure Code, 1908, Order 18, Rule 3A -- More than one party - As between the parties to the suit, the serial order in the cause title is not determinative of the order of their examination as witnesses...........
Civil Procedure Code, 1908, Order 18, Rule 3A -- Party as its own witness - O.18.R.3-A CPC does not specify of order in which parties to a suit or proceeding shall be examined...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of review application dismissed for want of prosecution - High Court without assigning any reason whatsoever and in a very casual manner allowed the application for restoration - No litigant should be permitted to be so lethargic and apathetic much less should be permitted to misuse the process of law - Order..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Eviction decree - Stay was granted subject to condition of payment of rent/damages - However, trial Court did not grant any damages/rent in decree - Trial Court has only ordered that plaintiff is entitled to claim damages if possession of property is not delivered pursuant to said decree by way of filing a..........
