Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising construction on entire suit land - Plaintiff has no claim on entire suit land - By way of resumption proceedings, plaintiff is claiming only a share therein - Plaintiff thus, can resume part of suit land - He cannot be said to have a prima facie case for injuncting..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304, 323, 504, 506, 34 -- Summoning of additional accused - Offence u/ss 304, 323, 504, 506, 34 IPC - Complainant who received injuries in the incident naming petitioner and attributing role of taking participation in the incident - Testimony of injured witness is of highest value and cannot be..........
Clean hands -- Application to set aside appeal dismissed in default - False story set up by appellant - Court should not come in aid to such a party to allow him to reap the fruits of false and frivolous explanation to get the order of dismissal of appeal in default set aside. (Civil Procedure Code, 1908, O.41.Rr.17 & 19)..........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Refusal to appoint local commissioner - Revision - Maintainability - Revision against an order refusing to appoint a local commissioner would not be maintainable, as discretion to appoint a local commission solely rests with Court...........
Criminal Procedure Code, 1973, Section 82(1) -- Proclamation u/s 82(1) Cr.P.C - Proclamation was marked to SHO concerned requiring petitioner to appear before Court - However, neither proclamation was publicly read in some conspicuous place of Amargarh nor 30 days period was given to petitioner to appear in Court - Order whereby petitioner was declared absconder, is..........
Criminal Procedure Code, 1973, Section 82(1) -- Proclamation u/s 82(1) Cr.P.C - Direction issued i.e : (i) Courts of Judicial Magistrates are required to take provisions of S.82 Cr.P.C. in its true letter and spirit; (ii) It is advised that whenever a proclamation is issued, then two dates be given in the order i.e. first date should be within 15-20 days giving the..........
Civil Procedure Code, 1908, Section 25, Hindu Marriage Act, 1955, Section 9, 26 -- Petition u/s 9 Hindu Marriage Act - Ex parte decree passed - Husband also granted visitation rights, which includes temporary custody of child - Wife filed petition to set aside ex parte decree - Transfer of petition - Order passed giving visitation rights, which includes temporary custody..........
Family Courts Act, 1984, Section 19, Civil Procedure Code, 1908, Order 8, Rule 1 -- Appeal - Closure of right to file written statement - Same has direct effect on defendant if his reply is not to be considered - Impugned order can be termed as intermediary or interlocutory order - Defendant has remedy of filing an appeal u/s 19(1) of the Act of 1984...........
Criminal Procedure Code, 1973, Section 156 -- Transfer of investigation from one State to another - Part of cause of action has arisen in Delhi - Court at Delhi thus, have jurisdiction to take cognizance of offence - Moreover, no such objection was taken when MM directed registration of FIR - Order of transferring investigation from Delhi to Noida is bad in law and thus,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Matter was already at the stage of cross-examination of complainant - Necessary affidavit was produced on record - Documents were exhibited and part of cross-examination was taken - Trial Court rather than dismissing..........
