Criminal Procedure Code, 1973, Section 482 -- Exercise of power under - For the purpose of exercising its power under Section 482 to quash a FIR or a complaint, the High Court should proceed entirely on the basis of the allegations made in the complaint - No jurisdiction to examine the correctness or otherwise of the allegations - Test to apply at the initial stage to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Revenue record, evaluation of entries-Temporary injunction in a suit for permanent injunction restraining defendants from interfering with actual physical possession of plaintiff-Defendants in reply claimed to be in actual physical possession as tenants, earlier their father was tenant of plaintiff and after his death,..........
Criminal Procedure Code, 1973, Section 340, 195 -- Order passed under Section 340 - Appeal - In the case of suits, depending upon valuation, appeal will lie to District Court or High Court...........
Criminal Procedure Code, 1973, Section 195, 340, Indian Penal Code, 1860, Section 188, 323, 378, 504, 506 -- Injunction order - Disobedience - Criminal Court has no jurisdiction to take cognizance of that offence unless there is written complaint by Civil Court whose order has been disobeyed or by Court Subordinate to it - Private prosecution of such offence is barred and..........
Punjab Security of Land Tenures Act, Section 9 -- Tenant inducted by vendee of pre-emptible property-Sale successfully pre-empted-Tenant not liable to be dispossessed in execution of pre-emption decree-Covered under definition of tenant in Section 4(5) Punjab Tenancy Act-Section 9 specifically bars ejectment of a tenant except under certain conditions-Tenant cannot be..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Decree for restitution of conjugal rights - Once a civil Court finds in a contested proceeding on the basis of evidence that the wife had no just or reasonable cause to withdraw her society from the husband, she cannot claim maintenance under Section 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 437, Indian Penal Code, 1860, Section 120B, 420 -- Offence u/s 120B and 420 - Offence allegedly committed by appellant nearly 16 years ago - Appellant in custody since 2.5.1996 - Bail denied by Courts below on the apprehension that accused is likely to influence witnesses or tamper with evidence -Main witness in this case being..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 26(1)(b), Civil Procedure Code, 1908, Section 9 -- Bar of Civil Court jurisdiction - Suit in Civil Court for declaration by heirs of original landowner that declaration of lands as surplus in 1960 under Pepsu Tenancy and Agricultural Lands Act not complete because surplus land had not been utilised and as such no..........
Pepsu Tenancy and Agricultural Lands Act, Section 22 -- Second application by tenant for proprietary rights after dismissal of first application-Maintainable-Earlier proceedings do not operate as res judicata - Prem Singh's case 1980 PLJ 276 DB Reversed- Civil Procedure Code, Section 11...........
Hindu Marriage Act, 1955, Section 13, 15, 16, 28 -- Divorce - Exparte decree - Appeal does not abate on account of death of the husband, whether before filing of appeal or during pendency of appeal - In all such cases legal heirs of deceased spouse can be brought on record as opponents by aggrieved spouse - As per O.9.R.13 CPC decree of divorce is appealable under Section..........
