Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction in a suit by vendee for declaration restraining defendants from dispossessing and also from alienating suit land - Suit land purchased during pendency of appeal in which appellant and vendor - respondent entered into compromise - Question whether sale of suit land hit by doctrine of lis pendens under..........
Criminal Procedure Code, 1973, Section 231 -- Application of the prosecution for examination of the witnesses whose names were mentioned in the complaint filed in the Court of Magistrate but whose deposition on oath had not been recorded before the Magistrate during the enquiry under Section 202 Cr.P.C. dismissed - Direction issued to allow the examination of those..........
Civil Procedure Code, 1908, Section 16 -- Suit for specific performance of agreement of sale of immovable property - Must necessarily be instituted in the Court within whose jurisdiction the property agreed to be sold is situated - General rule that Court within local limits of whose jurisdiction a part of cause of action arises, can entertain the suit - Not applicable to..........
Criminal Procedure Code, 1973, Section 110 -- Punjab Police Rules, 1934, Rule 23.4(3)(b) Vol.3 - Surveillance register - Stand taken by the respondents that name of the petitioner was not entered in the list prepared under section 110 Cr.P.C. - His name finds place in Surveillance Register maintained under 23.4(3)(b) Vol.3 of the Rules - The petitioner does not seek the..........
Civil Procedure Code, 1908, Section 114, 151, 152, 153, Order 47, Rule 1 - - Enhanced compensation in land acquisition case because of subsequent judgment of High Court - Claimant not entitled to relief under Section 114 or Order 47 Rule 1 - Only remedy available to claimant - To file appeal against order of High Court - Cannot seek relief by moving application under..........
Civil Procedure Code, 1908, Section 151 -- Inherent jurisdiction - Cannot be invoked for grant of a substantive relief where specific provision in that behalf is available under other provisions of the Code - Section 151 not a substantive provision conferring any right to get any relief of any kind - Merely a procedural provision which enables a party to have proceedings..........
Civil Procedure Code, 1908, Section 114, 151 -- Application seeking review of order disposing of appeal and cross-objections, claiming enhanced compensation and other benefits and further prayer to be allowed to make up deficiency in Court-fees - Applicant not entitled to enhanced compensation under Section 28-A Land Acquisition Act as same not applicable because applicant..........
Hindu Adoptions and Maintenance Act, 1956, Section 18, Civil Procedure Code, 1908, Section 151 -- Proceedings under Section 18 - Court can grant interim maintenance - Inherent powers under S.151 CPC can be invoked for grant of interim maintenance...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction to restrain defendants from alienating property mentioned in the plaint - Alienation of property during pendency of suit - Hit by doctrine of lis pendens under Section 52 Transfer of Property Act - Appellate Court order setting aside order of trial Court restraining alienation of property - Upheld...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108 -- Granting of opportunity to objector while entertaining objections under Section 47 read with Order 21 Rules 97 to 108 - Does not amount to permission for abusing the process of law or Court - Not incumbent upon Executing Court to put to trial every objections..........
