Criminal Procedure Code, 1973, Section 397, 401 -- Revision against acquittal - Court has to keep in mind presumption of innocence in favour of accused and same being fortified by an order of acquittal in a revision against acquittal...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Order to record compromise does not amount to a decree - Court at first has to pass an order as to recording of compromise and then simultaneously pass a decree in accordance with the order...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Consent decree - Objections (i) that consent order was obtained by concealing material facts which was in the nature of fraud; (b) that no decree was drawn after passing the consent order; (c) suit in which consent order was passed was not maintainable in view of S.50 of Delhi Rent Control Act - Held, all..........
Civil Procedure Code, 1908, Order 21, Rule 11(3), Civil Procedure Code, 1908, Order 20, Rule 6A(2) -- Execution - Consent decree - Non-filing of certified copy of decree along with execution application for the reason that same was not passed by Court - Execution application is still maintainable, as so long formal decree was not passed order recording compromise was to be..........
Civil Procedure Code, 1908, Section 152 -- To invoke powers u/s 152 of the Code, two conditions must be present, viz. (a) There has to be a judgment or decree or an order, as the case may be, and (b) judgment or decree or order, as the case may be, must contain any clerical or arithmetical error for its rectification - Any party to such judgment, decree or order, as the..........
Civil Procedure Code, 1908, Section 151, Order 20, Rule 6A -- Drawing of decree - Where Court disposed of suit and did not draw a decree but only passed the order, DH was required to file an application u/s 151 r/w O.20.R.6-A CPC to Court for drawing a decree in accordance with order passed - High Court was thus, not justified in directing appellant to apply u/s 152 CPC..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Condonation of delay - No ground disclosed to condone delay - Extension of time will be allowed in exceptional circumstances occasioned by reasons beyond control of defendant - In absence of any explanation, no illegality in impugned order of Courts below in declining to..........
Criminal Procedure Code, 1973, Section 374 -- Appeal against conviction - Dismissed in default in absence of counsel for appellant/accused - First Appellate Court supposed to hear the matter on merits and could have put up the matter for some other day or still if counsel was not appearing to argue the appeal then counsel from Legal Aid Services should have to be provided..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of execution petition - Application for amendment filed u/s 151 CPC also - Amendment in execution application was necessary since correction in the judgment and decree of trial Court had been done so as include khasra No.465, which could not be incorporated inadvertently, though, it was subject matter..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 1, Rule 10 -- Eviction - Impleadment of Necessary Party - In absence of any rent receipt or rent agreement, respondent no.3, can only be termed as stranger - Landlord is dominus litis and cannot be compelled to face litigation against stranger by impleading him as a party against..........
