Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Execution proceedings closed after satisfaction of decree - Objectors sought restoration of execution proceedings for decision of their objections - Objections in the nature of prayers which could be sought in a fresh suit - Order closing execution proceedings, upheld...........
Civil Procedure Code, 1908, Order 26, Rule 9, 10 -- Appointment of Commissioner - As far as possible the procedure be adopted viz. (i) Court may fix the date and time for local inspection, directing parties to be present at the disputed property, to avoid the process of issuance of notice to parties by Court Commissioner; (ii) Court shall also fix the time frame for..........
Criminal Procedure Code, 1973, Section 156(3), 397 -- Revision - Order rejecting application u/s 156(3) Cr.P.C - Revision against such an order is maintainable...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C - Magistrate dealing with an application u/s 156(3) Cr.P.C is legally authorized to make an order for registration of FIR and investigate into matter or to treat such application as a complaint, as the case may be and he is fully empowered even to reject application moved before it u/s 156(3)..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Scope of - Involvement/formulation of substantial question of law is sine qua non in order to exercise power u/s 100 CPC...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit in respect of the same cause of action - Failure to disclose sufficient ground for withdrawal of suit - Order allowing withdrawal of suit set aside...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Forcible dispossession in violation of injunction order - Courts u/s 151 CPC have power to restore possession...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Police aid - Dispossession in violation of order of temporary injunction - Concerned SHO directed to provide police help to plaintiff to restore possession of plaintiff as in existence on the date of grant of temporary injunction...........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Order refusing to appoint Local Commissioner - Does not decide any issue nor does it adjudicate any right or obligation of parties for the purpose of suit - Said order is therefore, not revisable - Revision not maintainable...........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 342, 330, 385, 149 -- Sanction for prosecution - Offence u/ss 342, 330, 385, 149 IPC - Accused were working on different posts of Forest Department and were acting in discharge of their official duty at the time of incident - Court is thus, prevented from taking cognizance until and unless..........
