Civil Procedure Code, 1908, Order 39, Rule 2A -- Status quo order - Disobedience - No evidence on record that defendant had actually interfered in possession of plaintiff and caused any destruction of crops - Order directing defendant to undergo civil imprisonment for a period of one year, set aside...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Order of interim compensation passed without affording any opportunity to accused and without giving any reason for awarding 10% of interim compensation - Impugned order does not disclose any application of mind and it straightaway directed accused to deposit 10% of cheque..........
Criminal Procedure Code, 1973, Section 401(2), 156(3) -- Revision - High Court allowed revision with a direction to register FIR but proposed accused not served with notice of revision proceedings - Impugned order set aside - Matter remitted back to High Court for decision afresh in accordance with law...........
Prevention of Money Laundering Act, 2002, Section 45 -- Bail - High Court while granting bail to accused neither considered the rigour of S.45 of the Act nor has considered seriousness of offences alleged against accused for scheduled offences under the Act - Investigation by Enforcement Directorate for scheduled offences under PML Act is still going on - Order granting..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration that plaintiffs along with defendants are joint owners - Vendor of plaintiff and defendants entered into agreement that wall of house of defendant would be raised by defendant but would remain common and jointly owned by both of them - Defendants never challenged the said agreement to be void..........
Civil Procedure Code, 1908, Order 43, Rule 1(d), Civil Procedure Code, 1908, Order 9, Rule 13 -- Appeal U.O.43.R.1(d) CPC - Against an order refusing to set aside ex parte award passed in proceedings under Motor Vehicle Act - Not maintainable in the absence of there being any express provision in that regard provided under Rajasthan Motor Vehicle Rules...........
Civil Procedure Code, 1908, Section 115 -- Revision - Against an order refusing to set aside ex parte award passed in proceedings under Motor Vehicle Act not maintainable - Only remedy available is to invoke supervisory jurisdiction of Court u/art 227 of Constitution...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issue - Additional issue, if framed, will change the nature of suit - Plaintiff is dominus litis of suit and enjoys a free hand in couching the relief clause in the manner he pleases - Order allowing framing of additional issue, set aside...........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Murder - Solitary incriminating circumstance appearing against accused has not been put to him in his statement u/s 313 Cr.P.C - Accused therefore had no opportunity to explain said circumstance - Serious prejudice is thus, caused to accused - However, since the incident is of the year 1995 and more..........
Evidence Act, 1872, Section 45 -- Comparison of signatures - Directing defendant to give his specimen signatures - A person cannot be compelled to be a witness against himself - However, it is open for Court to ask defendant whether or not he is willing to give his specimen signatures on its own - It is only if he refuses then Court can draw adverse inference - Impugned..........
