Civil Procedure Code, 1908, Section 80(2) -- Notice - Exemption - Suit can be instituted without service of notice with `leave of Court' - Order granting leave should reflect application of mind by the Court to the requirements of the provision...........
Civil Procedure Code, 1908, Section 2(2) -- Decree - Where an order has effect of bringing about a finality to rights of a party such an order is a decree and only an appeal would lie against said order...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Order rejecting plaint is a decree within meaning of S.2(2) CPC - Only an appeal u/s 96 CPC would lie against such an order - Revision against the same is not maintainable...........
Criminal Procedure Code, 1973, Section 446, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(c) -- Surety - Forfeiture of bond - Offence u/s 15(c) NDPS Act - Accused on parole and he did not surrender on completion of his parole period - Order forfeiting surety bond of surety in its entirely is certainly a harsh step taken by District Magistrate and First..........
Hindu Marriage Act, 1955, Section 15, Civil Procedure Code, 1908, Order 23, Rule 1 -- Decree of divorce - Pendency of appeal - Second marriage - Application to withdraw appeal filed on 28.11.2011 and order of withdrawal passed on 20.12.2011 - Second marriage performed on 6.12.2011 i.e. after filing of application to withdraw appeal and before order of withdrawal was passed..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Order allowing withdrawal of suit - Order relates back to the date of filing application for withdrawal of suit...........
Criminal Procedure Code, 1973, Section 311 -- Additional evidence - Law recognizes the possibility that evidence that is `material' and `essential to the just decision' may, at time, get overlooked, be omitted or come to light later - In order to take care of such evidence, which would be additional to the one presented by prosecution (or complainant) at the inception,..........
Civil Procedure Code, 1908, Section 11, Evidence Act, 1872, Section 45 -- Res judicata - Applicability - Omission pointed out by party - Handwriting in dispute - FSL report while rendering its opinion as to hand writing, omitted to render its opinion as to thumb impression - Omission pointed by parties - Merely because the omission was pointed out by parties to lis, it..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - S.173(8) Cr.P.C. can be pressed into service only at the instance of investigating agency but not at the option of the complainant or accused - Magistrate has no suo motu power to order further investigation at the post cognizance stage...........
Criminal Procedure Code, 1973, Section 31 -- Consecutive running of sentence - Triple murder - As offences have been considered separately, trial Court directed sentences to run consecutively instead of concurrently - No illegality in the said order as commission of offence u/s 302 IPC has been taken separately for each case - Moreover, it is not a case where person died..........
