Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit was decreed ex parte without giving proper opportunity to defendants to defend themselves - Conduct of suit proceedings and the manner in which ex parte decree was passed is illegal - Ex parte decree set aside with directions...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - An order passed under the Act remains in force till the time that order is either set aside in an appeal u/s 29 of the Act, or altered/modified/revoked in terms of S.25(2) of the Act by Magistrate...........
Criminal Procedure Code, 1973, Section 116 -- Inquiry u/s 116 Cr.P.C. - Opportunity to adduce evidence as part of defence or an opportunity to hear not provided - Impugned order passed without following procedure as nearly as may be practicable in the manner prescribed for conducting trial and recording evidence in summons case - Impugned order set aside - Matter remanded..........
Criminal Procedure Code, 1973, Section 386 -- Appeal against conviction - Record of trial Court destroyed/weeded out - Reconstruction of record is not possible - Retrial of case is also not possible - Conviction and sentence set aside - Accused acquitted...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and two minor daughters - Curtailment of right of husband to cross-examine PWs makes the testimony of PWs go totally unrebutted - Order passed by Family Court curtailing the right of husband to cross-examine PWs examined by wife to prove her entitlement to claim maintenance from her husband set aside -..........
Consumer Protection Act, 1986, Section 13 -- Consumer complaint - Written statement - Copy of complaint not supplied to appellant - Foreclosing right of appellant to file written statement set aside - Appellant permitted to file written statement...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Non-framing of issues - Proceedings u/s 116 of U.P. Revenue Code - Provisions of CPC is squarely applicable to proceedings u/s 116 of U.P. Revenue Code - However, issues were not framed and evidence was not led - Impugned order set aside...........
Service -- Termination - Respondent took a long leave without allowance of 20 years - However, he had not resumed his duties immediately on the expiry of said leave period - Order of termination was passed by Vice Chancellor on the basis of inquiry report - No material at any stage has been brought on record to establish that any prima facie satisfaction was recorded..........
Registration Act, 1908, Section 68 -- Settlement deed - Executed in favour of son - Summons for enquiry - Revenue records updated and mutation granted and son also in possession and enjoyment of property - Whether settlement deed executed by petitioner in favour of his son is valid in the eye of law, is a matter of evidence to be decided only by the competent Civil Court -..........
Indian Penal Code, 1860, Section 323, 324, 325, Constitution of India, 1950, Article 142 -- Offence u/ss 323, 324, 325 IPC - Compromise - Incident occurred relating to minor issue between close relatives over tying of bullocks on piece of land - Both the parties after settling their disputes have agreed to maintain peace and harmony in the society - Proceedings can be..........
