Civil Procedure Code, 1908, Section 115 -- Revision - Interlocutory order - Revision is not maintainable against an interlocutory order passed in an interim injunction application, as no final order has been passed in said application...........
Civil Procedure Code, 1908, Section 115 -- Revision - Interlocutory order - Order passed without jurisdiction - Revision is not entertainable in the eyes of law against interlocutory order - Writ petition against such an order, wholly without jurisdiction, is always maintainable...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 32 -- Execution - Decree for injunction restraining defendant from interfering with use and possession of plaintiffs - Application U.O.21.R.32 CPC is vague, as no details of interference in possession of plaintiffs were given - Executing Court allowed the application without properly appreciating the controversy -..........
Criminal Procedure Code, 1973, Section 372 -- Proviso, 378 - Appeal against acquittal - An appeal against an order of acquittal in a proceeding preferred by complainant squarely falls within ambit of S.372 Proviso Cr.P.C...........
Civil Procedure Code, 1908, Section 115, Order 39, Rule 3 -- Ad interim injunction - Order granting ad interim injunction by dispensing with notice to respondents - Revision against such an order is maintainable...........
Civil Procedure Code, 1908, Order 43, Rule 1, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Appeal - Order granting ad interim injunction - Appeal U.O.43.R.1 CPC is maintainable against such an order...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 7 -- Ex parte order - Setting aside - Petitioner was served with summons in the suit and he had made appearance through his counsel in 2016 - Thereafter, there is failure to file written statement and petitioner was set ex parte - Petitioner had an opportunity to file written statement after receiving summons in suit..........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge from Ss.302, 307 IPC to Ss.304, 308 IPC - Nature of injuries which are reported in post-mortem report co-related with FIR - Trial Court while alerting the charge has gone into records of case i.e. Charge sheet, Chik F.I.R., Tahrir, Injury Report, Inquest Report including post-mortem report, Site plan and..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Appellant and his counsel diligently and sincerely attended Court on multiple occasions - Merely on few occasions, if both are absent that by itself would not be sufficient to pass order of dismissal for non-prosecution and..........
Civil Procedure Code, 1908, Order 21, Rule 16 -- Execution - Filed by transferee of decree - Notice to transferor/DH and JD is required calling for their objections and decide on objections if any raised - No separate application is required and execution Court can take such steps on the execution petition itself - Execution Court committed error in directing DH to proceed..........
