Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Arrest and detention of JD - JD disobeying the order of attachment, sold away the property to third parties during the pendency of suit and prior to filing of execution petition - JD thus, had sufficient means to pay decretal amount - Plea of JD seeking extension of six months time is not acceptable, as executing..........
Civil Procedure Code, 1908, Section 152 -- Rectification of order - Typographical error - In case of any type of bona fide error including typographical error in the order, same can be rectified at any stage u/s 152 C.P.C...........
Civil Procedure Code, 1908, Section 152 -- Rectification of order - Typographical error - Court was inclined to reject the application but in operative portion it is wrongly typed as allowed - In case of any type of bona fide error including typographical error in the order, same can be rectified at any stage u/s 152 C.P.C - Error rightly rectified...........
Criminal Procedure Code, 1973, Section 438 -- Successive anticipatory bail applications - Law as to: (i) Second/successive anticipatory bail petition filed u/s 438 Cr.P.C, is maintainable in law and such petition ought not to be rejected solely on the ground of maintainability; (ii) Such second/successive anticipatory bail petition(s) is maintainable whether earlier..........
Criminal Procedure Code, 1973, Section 451, Constitution of India, 1950, Article 226 -- Release of seized vehicle - When there is a specific statutory provision contained in Cr.P.C. empowering criminal Court to pass appropriate order for the proper custody and disposal of the property pending the inquiry or trial, appellant could not have invoked the extraordinary..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 302 -- Framing of charge u/s 302 IPC - Trial Court while framing charge u/s 302 IPC has not prima facie considered the statement of witnesses u/s 161 Cr.P.C and contents of postmortem report regarding death of deceased and nature of injuries of deceased given in post mortem report - No sufficient..........
Civil Procedure Code, 1908, Order 9, Rule 7, Limitation Act, 1963, Section 5 -- Ex parte order - Setting aside - Condonation of delay of 14 years - No satisfactory or reasonable ground given by appellant explaining delay - Appellant has been grossly negligent in pursuing the matter before trial Court - Delay cannot be condoned - Application U.O.9.R.7 CPC rightly rejected...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit for joint possession as plaintiff failed to challenge mutation - However, plaintiff is neither executant of mutation nor mutation falls within definition of written instrument executed by her - Moreover, in a suit filed by plaintiff, it is not necessary to formally challenge mutation - Order allowing..........
Civil Procedure Code, 1908, Section 151, Evidence Act, 1872, Section 45, Hindu Marriage Act, 1955, Section 9, 13(1)(ia) -- Matrimonial dispute - Medical test of both husband and wife - Wife sought divorce on the ground that marriage between parties not consummated because of impotency of husband - Husband filed application for subjecting himself to undergo potentiality..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 466, 467, 471, 120B -- Quashing of FIR - Civil dispute - Undergone a metamorphosis into a criminal dispute - Not to be scuttled at the threshold - Order quashing FIR set aside...........
