Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Local Commissioner - Refusal to appoint - Revision - Order does not decide any issue nor does it adjudicate any rights of parties for the purpose of suit - Revision not maintainable against such an order...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 82, 83 -- Dishonour of cheque - Issuance of proclamation - Satisfaction of Court must be indicated in the order that despite service of notice, summon, bailable warrant and non bailable warrant the person concerned deliberately avoided the proceedings - Order issuing proclamation lacking..........
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...........
Negotiable Instruments Act, 1881, Section 138, 148(3) -- Dishonour of cheque - Order passed u/s 148(3) of the Act for release of amount of interim compensation - Revision against such an order is not maintainable, as it is only an interlocutory order and same does not amount to intermediate order...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - Earlier application for expert opinion was dismissed, as accused failed to cross-examine complainant - Now cross-examination is conducted, which is change in circumstances - However, trial Court while rejecting the present petition not considered the said..........
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 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..........
