Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from disturbing possession of plaintiffs - Plaintiffs are in possession of suit property - Temporary injunction is in operation for the last 10 years - Impugned order of setting aside injunction order granted in favour of plaintiffs set aside...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Memorandum of understanding entered into in between parties during pendency of revision in High Court - Parties were to settle the dispute between themselves - As per terms of agreement Respondent No.2 was to file a compromise petition before High Court which he failed to do so, which resulted in..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Husband filed suit against wife, daughters and son to declare the property purchased in the name of wife is benami - Such plea of benami transaction cannot be taken after Benami Prohibition Act - Husband and wife passed away - Daughters have filed appeal against son - Since daughters got..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Setting aside - JD contended that property auctioned does not belong to her husband - However, no documents were filed to that effect - Unless JD proves that sale was conducted because of fraud or irregularity in publishing proclamation of sale or substantial injury or non-issuance of notice, sale cannot be..........
Criminal Procedure Code, 1973, Section 432, 433, Indian Penal Code, 1860, Section 302, 307, 394 -- Pre-mature release - Murder - Number of accused found guilty was less than five, thus robbery could not have been termed as dacoity - Accused was neither convicted for offence of dacoity nor having committed dacoity with murder - However, case of accused for his premature..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - No strong and cogent reason to summon accused to face trial in exercise of power u/s 319 Cr.P.C - Court below while allowing the application has failed to record degree of satisfaction which is required to summon an accused u/s 319 Cr.P.C - Order allowing application set aside...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint dismissed in default - Accused was avoiding appearance before trial Court and on some occasions, counsel for complainant was not present - Trial Court has not exercised his discretion judicially and has wrongly rejected the complaint for want of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction and declaration - Respondent is neither necessary nor proper party, as he is stranger to suit proceedings - Nature of suit property can only be decided after recording evidence - Moreover, application U.O.7.R.11 CPC filed by defendants is still pending - Order of allowing..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit in respect of the same cause of action - Failure to disclose sufficient ground for withdrawal of suit - Order allowing withdrawal of suit set aside...........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 342, 330, 385, 149 -- Sanction for prosecution - Offence u/ss 342, 330, 385, 149 IPC - Accused were working on different posts of Forest Department and were acting in discharge of their official duty at the time of incident - Court is thus, prevented from taking cognizance until and unless..........
