Civil Procedure Code, 1908, Order 39, Rule 2A -- Interim injunction - Disobedience - Advertisement was telecast in three television channels despite injunction order - Response of television channels that advertisement was telecast on few days due to technical error - Act of appellant was not intentional or deliberate to flout injunction order - Unconditional apology..........
Criminal Procedure Code, 1973, Section 125 -- Order of maintenance - Review or alteration of order - Order passed u/s 125 Cr.P.C is capable of alteration in terms of language of different sections of Cr.P.C itself - Court is entitled to cancel its earlier order and pass a different order in facts and circumstances of the case before it...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 22(c), 24, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 1,37,665 tablets weighting 90 kgs - Bail - Large number of tablets were recovered from accused - However, prosecution cannot be heard to state at this preliminary stage that accused have been found to be in possession of commercial..........
Criminal Procedure Code, 1973, Section 482, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Indian Penal Code, 1860, Section 420, 120B -- Quashing of proceedings - While quashing criminal proceedings, High Court embarked upon an enquiry as to reliability and genuineness of evidence collected during investigation as if High Court was conducting mini trial -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of order refusing consolidation - Out of 19 cases, in two cases there is one complainant and other 17 cases, complainants are different - Cheque in question are also different - Merely because petitioner is accused in all cases and complainants have..........
Criminal Procedure Code, 1973, Section 439, 482 -- Bail - Quashing of order granting bail - Plea of accused that he has not misused liberty shown to him while releasing him on bail, therefore order granting bail may not be quashed - Quashing and setting aside wrong order releasing accused on bail and to cancel the bail of accused on misuse of liberty etc., both stand on..........
Criminal Procedure Code, 1973, Section 439, 482, Indian Penal Code, 1860, Section 384, 386, 387, 34, Maharashtra Control of Organised Crime Act, 1999, Section 3(1)(ii), 3(2), 3(4), 3(5) -- Bail - Quashing of order granting bail - Offence u/ss 384, 386, 387, 34 IPC and Ss.3(1)(ii), 3(2), 3(4), 3(5) of MCOCA Act - Allegation against accused are very serious in nature - High..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - To know the existing position at spot - Does not amount to collecting evidence on behalf of plaintiff - Order appointing Local Commissioner calls for no interference...........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Default in payment - Where defaulter repeatedly breaches order of maintenance u/s 125 Cr.P.C, Court would be acting well within its jurisdiction by issuing separate warrants for recovery of each months dues and sentence the defaulter to separate terms of imprisonment of upto one month each for every months..........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Default in payment - Where no order of interim maintenance has been passed and Court, while finally deciding application for maintenance, orders that maintenance shall be payable from date of filing of application, claimant may file an application for recovery of accrued amount and such application shall be..........
