Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Granted by holding that application for extension is filed without any valid basis - However reasons given u/s 43D(2)(b) of Unlawful Activities (Prevention) Act, 1967, were clearly made out and explained in the extension letter - Police report u/s 173(2) Cr.P.C had already been submitted prior to last date of..........
Civil Procedure Code, 1908, Order 21, Rule 32, Civil Procedure Code, 1908, Order 39, Rule 2A -- Police protection - Violation of order of temporary injunction or decree of permanent injunction - A party may file an application U.O.39.R.2-A CPC or file an execution petition U.O.21.R.32 CPC and can also file an application seeking police protection - Any person claiming..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit before revenue Court - Impleadment sought on the basis of agreement to sell in their favour - Mere execution of agreement to sell does not create any right in favour of respondents - Order allowing application set aside...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Default in payment - Defence of erring husband can be struck off as a last resort - Family Court has failed to provide husband an opportunity to pay entire arrears of interim maintenance before resorting to extreme step of striking off his defence - One last opportunity is thus, granted to husband to pay..........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Sole purpose of issuance of non-bailable warrants or issuance of proclamation is to secure presence of accused before trial Court - Since accused have themselves come forward and have undertaken to appear before trial Court on each and every date, order declaring accused as proclaimed offender set aside...........
Civil Procedure Code, 1908, Order 3, Rule 4 -- Vakalatnama - Authority of counsel - Withdrawal of appeal - Appeal was withdrawn by counsel by making the statement that he does not want to proceed further with the appeal - In the said statement, he had not stated about any such instructions, having received from petitioner/appellant - Counsel in such circumstances had no..........
Criminal Procedure Code, 1973, Section 82 -- Proclamation - Proclamation issued by trial Court without recording reasons of its belief that petitioner has absconded or is concealing himself - Non-recording of satisfaction itself makes such order suffering from incurable illegality which renders the proclamation and proceedings subsequent thereto a nullity - Order of..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 26, Rule 9 -- Application for rejection of plaint and appointment of commissioner - Priority to decide first - There is no provision in CPC which requires Court to give priority to one application over the other - Merely because an application for rejection of plaint is filed on the date of..........
Civil Procedure Code, 1908, Order 12, Rule 2 -- Voice sample - Complete denial by defendant with regard to affidavit and contents of CD - Court granted permission to prove voice recording by way of evidence and directed defendant to give his voice sample - There is no illegality or infirmity in the impugned order...........
Court Fees Act, 1870, Section 7, Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court fee - Claim of damages of 10 crores - In a suit for damages, ad-valorem Court fee is payable on the amount of damages claimed - Order rejecting application for rejection of plaint, set aside - Matter remanded...........
