Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - When there is no contra evidence to rebut claim made by plaintiff seeking temporary injunction, no interference warranted in impugned order of granting temporary injunction...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 106 -- (Criminal Procedure Code, 1973, S.102) - Seizure of property - Police officer is entitled to seize property of accused persons during investigation by passing orders and only duty is to report such seizure to Magistrate concerned - There is no obligation cast upon police to seek prior order from Magistrate for..........
Civil Procedure Code, 1908, Section 151 -- Consolidation of suits - Cases are clubbed and consolidated in order to avoid multiplicity of recording evidence etc. as also adjudication in isolation of one lis which may have bearing on the other lis...........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence and grant of bail - Non-disclosure of reasons - High Court has not disclosed any reason whatsoever as to basis on which bail has been granted - Impugned order set aside on this short ground itself - Matter remitted...........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence and grant of bail - Merely imposing condition of directing accused to carry out plantation of saplings on the premise that it would serve social cause and on said basis, bail came to be granted by suspending the sentence without considering merits, could not stand test of law - Impugned order of granting..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- De-exhibiting a document - Once a document is exhibited aggrieved party has to file an application seeking de-exhibit of such document - However, instead of doing so plaintiff raised objection with regard to admissibility of document and trial Court considered the same holding that it is inadmissible - Approach of trial Court..........
Civil Procedure Code, 1908, Order 21, Rule 31 -- Execution - Application filed U.O.21.R.31 CPC cannot be decided on the basis of evidence led in an application filed U.O.21.R.32 CPC when High Court in an earlier order had directed that evidence led by applicant in the application filed U.O.21.R.32 CPC could not be looked into while deciding application U.O.21.R.31 CPC...........
Unlawful Activities (Prevention) Act, 1967, Section 43B, Criminal Procedure Code, 1973, Section 50 -- Grounds of arrest not communicated to accused when they were apprehended - Mere fact that grounds of arrest was duly explained by Court at the time of remand, can never be an adequate compliance of furnishing grounds of arrest at the time of securing an accused - Order of..........
Civil Procedure Code, 1908, Order 13, Rule 3 -- Demarking of document - Unregistered and unstamped development agreement - Document in question is already admitted in evidence - No objection raised as to admitting said document as exhibit in evidence - It is thus, reasonable to leave admissibility of document open in respect of bar u/s 17 of Registration Act to raise their..........
Civil Procedure Code, 1908, Order 21, Rule 11 -- Execution - Money decree - Executing Court dropped the execution proceedings on the ground of technicality, without providing any opportunity to petitioner to supply required particulars of properties indicated in application for execution in compliance with provisions of O.21.R.11(2) CPC - Impugned order not sustainable -..........
