Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - While granting interim injunction U.O.39.Rr.1, 2 CPC, disputed issues such as alleged oral partition or affidavits regarding prior sales, cannot be conclusively determined at this stage...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 210, Indian Penal Code, 1860, Section 394 -- Cognizance of offence u/s 394 IPC - Cannot be taken only on basis of affidavits of witnesses filed by complainant...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 210 -- Cognizance of offence - After addition of charge u/s 394 IPC - When allegation was that witnesses had made certain statements before Police, which was recorded u/s 161 Cr.P.C, it was duty of prosecution to produce all such statements to Court, which was not done - Trial Court was required to call upon Police to..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - At the stage of interim maintenance, a detailed trial or adjudication on actual income is neither warranted nor possible - Prima facie assessment is to be made on basis of pleadings, affidavits and such material as may be available on record...........
Criminal trial -- Affidavit - Swearing or affirmation of an affidavit is not an empty formality and oath or solemn affirmation should not be taken lightly, more particularly in proceedings which are decided on basis of affidavits only, without taking any other evidence...........
Criminal Procedure Code, 1973, Section 482, 319 -- Quashing of order - Order of summoning of additional accused - Application u/s 482 Cr.P.C. is not an interlocutory application and supplementary affidavit filed in the case should have been confined to facts within personal knowledge of deponents of respective affidavits as per R.12 of Allahabad High Court Rules ...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Jurisdiction of Court - Complainant contended that petitioner by participating in the proceedings before trial Court and even negotiating settlement with complainant has acquiesced to jurisdiction and he cannot be permitted to challenge the jurisdiction of trial Court at this stage - Contention..........
Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, Section 3 -- Detention order - Accused detained on basis of 3 past NDPS cases against him - However, as per evidence on record, including the detention order and counter affidavits filed by zonal director of Narcotic Control Bureau, the Sponsoring authority considered 5 other cases apart..........
Constitution of India, 1950, Article 226 -- Writ petition - Alternative remedy - Throwing a writ petition on the ground of availability of alternative remedy after 10 years, particularly, when parties have exchanged their affidavits, is not the correct course unless there are disputed questions of fact which by their very nature cannot be adjudicated upon without recording..........
Succession Act, 1925, Section 232, 276 -- Will - Letters of administration - Documents filed by petitioner satisfies that he is beneficiary of Will - Execution of Will is duly proved as required u/s 67 of Bharatiya Sakshya Adhiniyam - Testatrix had 5 daughters and except one all daughters filed the consent affidavits - Said daughter has not filed any caveat or object to..........
