Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - When Appellate Court remands the matter back to trial Court, limiting the scope of suit, trial Court is bound to follow the directions contained in the order of remand and cannot extend the scope of remand...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Issue of limitation - Recovery suit - District Judge remanded the matter for retrial for the reason that issue of limitation though not raised by defendants goes to root of matter - However, question of limitation was considered by trial Court in first round of litigation - Defendants had not challenged said..........
Civil Procedure Code, 1908, Section 35, Order 7, Rule 14(3) -- Costs - Application U.O.7.R.14(3) CPC allowed and document directed to be taken on record on payment of cost of Rs.1,000/- - Cost was accepted by defendant - Imposition of costs only compensatory in nature to tide delay in proceedings - Acceptance of costs by defendant would not amount to waiver of right to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 323, 147, 148, 149 -- Bail - Double murder case - Accused specifically named in FIR, which was lodged shortly after the incident - Father and uncle of complainant died - Issue as to whether there was a grave and sudden provocation is a matter of trial - High Court was not justified in..........
Criminal Procedure Code, 1973, Section 311, 173(5) -- Summoning of witnesses along with relevant record - Murder case - Witnesses sought to be summoned along with documents in connection with second post mortem of deceased - Although application was filed by Public Prosecutor but it was open for Trial Judge as well to exercise suo moto powers in summoning witnesses, whose..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 23(c), 25A, Criminal Procedure Code, 1973, Section 389(1) -- Suspension of sentence during pendency of appeal against conviction - Recovery of 325 gms heroin and 390 gms pseudoephedrine - Accused who was a proprietor of a courier agency was complicit with a foreign national in booking of two parcels containing..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Addition of more serious offences - Can be taken as an overwhelming circumstances warranting cancellation of bail - But accused should be put on notice regarding such overwhelming circumstances and order cancelling bail, should reflect consideration of those circumstances and consequence need for..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Maintainability - Case was fixed for re-arguments - However, application U.O.9.R.7 CPC was filed by tenant before case was fixed for re-arguments - It cannot be said that application was filed after completion of proceedings - Application U.O.9.R.7 CPC is maintainable...........
Civil Procedure Code, 1908, Order 9, Rule 7, Civil Procedure Code, 1908, Order 17, Rule 2 -- Ex parte order - Setting aside - Eviction suit - Summons were duly served to tenant - Tenant had been appearing in proceedings since the year 2017 - But since Nov 2018 till June 2019, tenant did not come for further progress of case and opted to remain absent from dates fixed..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Striking off defence - Matter was adjourned from time to time in view of COVID-19 epidemic - Delay was not that large so as to disentitle defendants from filing their written statement - U.O.8.R.1 CPC, although maximum period for filing written statement is prescribed as..........
