Criminal Procedure Code, 1973, Section 482 -- Application for permission to go abroad was dismissed - Quashing of said order - Petitioner is an engineer who had returned from abroad earlier and also that he has an employment offer in hand which stands duly verified - Order passed by trial Court rejecting application is not sustainable and is quashed...........
Criminal Procedure Code, 1973, Section 482 -- Application for permission to go abroad was dismissed - Quashing of said order - Maintainability of petition - Application for permission to travel abroad has been declined would qualify as an interlocutory order and fall within ambit of S.397(2) Cr. P.C. - Revision against such order is barred and aggrieved person has no other..........
Criminal Procedure Code, 1973, Section 482 -- Dismissing of application u/s 482 Cr.P.C. - Delay in FIR - Cognizance of offence and Examining witnesses - JMFC held that the case could be decided without collecting evidence from the police but single judge set aside the order as the matter should be investigated on deposition complainant - Especially in cases alleging sexual..........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Inconvenience of Power of Attorney Holder, cannot be taken as a ground to order transfer of a case...........
Criminal Procedure Code, 1973, Section 397(1), 401 -- Revision against order rejecting prayer to mark statement of informant as an exhibit - Interest of informant and an injured victim adversely affected - Order not interlocutory in nature - Bar u/s 397(2) Cr.P.C is inapplicable - Revision is maintainable...........
Civil Procedure Code, 1908, Section 115 -- Revision - Appellate order passed by District Judge in Succession certificate case, would be revisable u/s 115 CPC in view of provision u/s 388(3) of Succession Act and S.115 CPC...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for mandatory and prohibitory injunction - Concurrent findings of Courts below that obstruction over suit property as alleged by plaintiff has already been removed by defendant pursuant to order of Tehsildar - As regarding claim of plaintiff regarding right to use the way in question, both the Courts below..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Abatement of second appeal - When two plaintiffs joined together and secured a decree of declaration and possession of an immovable property, death of one of decree holder will not make second appeal abate, as against surviving successful plaintiff, cause of action survived - Abatement occurs only when cause of action does..........
Criminal Procedure Code, 1973, Section 441 -- Bail bond - Sureties - Wife and brother of accused - No disqualification could be found against sureties as far as solvency is concerned - Nothing on record that accused has influenced the sureties - Nothing is noted against the conduct and character of surety - Rejecting surety on the ground that accused has influenced the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte temporary injunction - Notice received after passing of the date of hearing has no legal sanctity - Moreover, purported receipt of registered envelope by defendant cannot be treated to be a proper service in the eye of law - Service thus, was not properly effected and date of hearing also abruptly changed by..........
