Criminal Procedure Code, 1973, Section 439 -- Bail - Postponement of implementation of order granting bail for six months - No reasons assigned as to why implementation of order granting bail was postponed for six months - No such condition could be imposed for grant of bail to accused - If Court is satisfied on merits, it should grant bail or otherwise reject the same -..........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3, 3A -- Consent decree - Application u/s 151 CPC to set aside consent decree alleged to be the result of fraud - If compromise decree was tainted by fraud, misrepresentation or mistake then Court under its inherent powers u/s 151 CPC may rectify the decree for alterations/modification of the consent decree...........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A, Civil Procedure Code, 1908, Order 7, Rule 11 -- Consent decree - Application u/s 151 CPC to set aside consent decree alleged to be the result of fraud - Application U.O.7.R.11 CPC to reject the application filed u/s 151 CPC - Plea taken that consent decree cannot be set aside u/s 151 CPC and that consent decree was granted..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Family Court granted interim maintenance to wife without seeking affidavits of assets and liabilities from rival parties - Filing of affidavits of assets and liabilities of rival parties is pertinent and essential - Order allowing interim maintenance set aside - Matter remanded...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties after marriage migrated to USA - Appearance of parties through video conferencing - Insistence by Family Court that petitioner and respondent to appear from Indian Embassy and in presence of Embassy officials - Not proper - Fact that parties have separated and that there is no chance for reunion..........
Service -- Major penalty - No oral evidence whatsoever was recorded by department in support of the charges - Hence, inquiry proceedings conducted against appellant pertaining to charges punishable with major penalty were totally vitiated and non-est in the eyes of law - Order imposing penalty set aside - Appellant thus, entitled to all consequential benefits...........
Criminal Procedure Code, 1973, Section 464 -- Omission to frame charge - If the facts are such that a charge could be framed and yet it is not framed, but no failure of justice has in fact, been occasioned, thereby, the finding, sentence or order of Court of competent jurisdiction is not to be set aside on that ground...........
Agreement to sell -- Specific performance - Agreement to sell qua land comprised in Khasra No.454 - Decree passed qua Khasra No.457 - Specific performance of contract was not claimed of land of Khasra No.457 - Judgment and decree set aside - Matter remitted for decison afresh...........
Civil Procedure Code, 1908, Order 7, Rule 11(b) -- Rejection of plaint - Valuation and payment of Court fee - Trial Court while rejecting plaint does not specifically set down the correct value of relief in the plaint on which plaintiff was required to pay Court fee, nor does it specify the quantum of Court fee payable on such value - Court in a vague manner directed the..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appellate authority is required to consider and decide the application U.O.41.R.27 CPC either while passing the main judgment or by virtue of a separate order of even date at the time of deciding the appeal - Since the same is not done, impugned order set aside - Matter remanded back..........
