Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 61, 85 -- Anticipatory bail - Offence u/ss 22, 61, 85 of NDPS Act - Recovery of 150 gms of powder - On the face of it difficult to ascertain nature of powder - Interim bail granted - Later on accused joined investigation and nothing is to be recovered from him -..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22 -- Default bail - Offence u/ss 21 & 22 NDPS Act - Challan not presented as FSL report not received despite expiry of statutory period - Petitioner directed to be released on interim bail, however, only till filing of report u/s 173 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife - Decree of divorce passed on ground of desertion by wife - Wife not entitled for any maintenance prior to passing of decree...........
Civil Procedure Code, 1908, Section 9A(As - - Scope - By reason of insertion of S.9-A CPC in Maharashtra, Court is now required to decide the issue of jurisdiction at the time of granting the relief or considering the application for vacating the interim relief...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Interim injunction - Disobedience - A person cannot be held guilty of disobedience merely on the basis of constructive notice or surmises - For constituting the wilful disobedience of the injunction order the disobedience must be wilful and both should be proved by cogent evidence...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Interim injunction - Disobedience - Defendant Nos.1 to 3 were not a party to suit when injunction order was passed - Nor they had knowledge about injunction order - Defendants were not bound by said injunction order, thus, cannot be held liable for disobedience of injunction order U.O.39.R.2-A CPC - Application rightly..........
Criminal Procedure Code, 1973, Section 438, Negotiable Instruments Act, 1881, Section 138 -- Anticipatory bail - Dishonour of cheque - Proclaimed offender - Determination - Petitioner has already given undertaking that he would submit to the process of law and would furnish bail bonds to the satisfaction of trial Court - Direction given to petitioner to appear before trial..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining defendant from stopping plaintiff from making his construction thereby changing the nature of suit property from open land to a constructed house - Object of interim injunction is always to preserve the suit property in its present form - Court would not become a party to get the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Prima facie case - Plaintiff heavily relied on the khatauni to show that he is Bhoomidhar, therefore, enjoys proprietary rights - Revenue records are meant for collection of revenue - They are not evidence of title in themselves - Plaintiff failed to show that how he came into possession of property in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - An interim order cannot be treated to be basis of suit because interim orders do not adjudicate rights of parties, they are merely passed to protect the bona fide litigant for the period, adjudication of his rights are made by Court...........
