Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo order - Appeal u/s 207 of U.P. Revenue Code - Maintainability - Interim order directing parties to maintain status quo was passed ex parte - Said order would fall U.O.39.Rr.1, 2 CPC - Appeal u/s 207 of U.P. Revenue Code would lie against such an order and revision u/s 210 of said Code is not maintainable...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(c), 29(1) -- Contraband - Default bail - Neither charge sheet filed on the date of petition for default bail by accused, nor order for extension of time to complete investigation granted/ordered - Indefeasible right to default bail accrued to..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Granted with condition to deposit an amount of Rs.15 lakhs in Court - Defendants failed to deposit the said amount even till date - Application filed by defendants for modification of said order of imposing condition rejected - Order passed by trial Court is within powers..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - U.O.1.R.10(2) CPC Court can implead any party at any stage even without an application, if it thinks, that his presence is necessary in order to effectively adjudicate the suit...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 419, 466, 221, 205, 109, 120B, 34 -- Anticipatory bail - Offence u/ss 419, 466, 221, 205, 109, 120-B, 34 IPC - Police officer facing allegations of manipulating investigation so as to favour an accused - Considering the position held by petitioner even if he was suspended from service and charge..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Delay is of only 17 days - Counsel for appellant met with an accident and he remained hospitalized for 3 days - Considering the period of 22 days for obtaining certified copy of order dismissing suit, delay of 17 days condoned - Suit restored...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Madras High Court Original Side Rules not complied with - Order directing deposit of 75% of suit claim as condition precedent for condoning delay and for setting aside ex parte decree - Held, unwarranted - Instead an order of payment of cost should have been..........
Criminal Procedure Code, 1973, Section 482 -- Stay granted by High Court in an application u/s 482 Cr.P.C. - Interim order will operate till such time the High Court vacates/varies the said order...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Complainant an injured victim who was not a party to settlement agreement and nor was agreeable to such course of action - Order of quashing FIR set aside...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Should be made payable from the date of application and not from the date of order...........
