Civil Procedure Code, 1908, Order 7, Rule 11 -- Pre-mature suit - Plaint if disclosing cause of action suit not to be dismissed necessarily for such reason - Court to examine whether any irreparable prejudice was caused to the defendant on account of suit being pre mature and whether by granting relief in such suit a manifest injustice could be caused to the defendant -..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Admission - If there is an admission on behalf of the defendant or an admission can be inferred from the facts and circumstances of the case without any dispute then in order to expedite and dispose of the matter such admission can be acted upon...........
Criminal Procedure Code, 1973, Section 397(2) -- Revision - Summoning order - An order summoning an accused is not an interlocutory order - Bar created by Section 397(2) would not operate...........
Civil Procedure Code, 1908, Section 115 -- Interim order or an order which does not finally decide the lis, cannot be challenged by way of a revision petition...........
Civil Procedure Code, 1908, Section 115 -- Eviction order - Upheld upto Supreme Court - Objections in execution petition dismissed by trial court and appeal thereagainst also dismissed - Civil suit filed alongwith an application for ad interim injunction which was declined - Tenant then filed second objection petition reiterating objections earlier raised with additional..........
Criminal Procedure Code, 1973, Section 446 -- Cancellation of personal bond/surety bond and imposing of penalty - Accused regularly appearing - Accused ill on the date when case was fixed for pronouncement of order - Accused granted exemption from personal appearance - On the next date also accused applied for exemption from personal appearance and the same was granted -..........
Civil Procedure Code, 1908, Section 115 -- Interim order or an order which does not finally decide the lis, cannot be challenged by way of a revision petition...........
Civil Procedure Code, 1908, Section 115 -- Eviction order - Upheld upto Supreme Court - Objections in execution petition dismissed by trial court and appeal thereagainst also dismissed - Civil suit filed alongwith an application for ad interim injunction which was declined - Tenant then filed second objection petition reiterating objections earlier raised with additional..........
Civil Procedure Code, 1908, Order 39, Rule 11 -- Wilful breach of Court order and undertaking given without justifiable reason - Defence struck off - Contempt jurisdiction is not called for in given circumstances as object of contempt jurisdiction is to maintain majesty of Court and not necessarily to punish every breach of order of Court...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Dismissal of review application - Order is not appealable - In case of granting an application for review, an appeal, against order granting review, or appeal against decree of order finally passed is maintainable...........
