Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Stay application - Suit for mandatory and permanent injunction - No material on record to show that defendants have encroached upon or merged any area beyond their admitted possession - Since suit for partition is pending and defendants are in exclusive possession of their respective portions - Any construction raised by..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Production of documents - Case fixed for arguments - Documents in question are statement of account being maintained by public bank in usual course of its business - Documents are necessary in order to prove transactions between parties for showing existing..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Liberty was reserved by High Court to plaintiffs to seek appropriate reliefs by filing a suit only after granting a patta and holding in favour of appellant - Therefore, question of reconsideration of those issues in suit did not arise at all - High Court was not right in raising said substantial questions of law -..........
Mutation -- Writ petition against order passed in mutation proceedings - Normally cannot be entertained...........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Money decree - Conditional warrants of arrest - JD No.4 is one of guarantors and was proceeded ex parte - Conditional warrants of arrest issued against JD No.4 - Wife of JD No.2 agreed to pay entire amount within 15 days - However, neither she had appeared before Court nor had paid decretal amount - JD No.2 is..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 250, Indian Penal Code, 1860, Section 420, 419, 467, 468, 120B -- Discharge - Cheating - Civil suit was filed in 2017, whereas FIR lodged in 2019 on the basis of an application u/s 156(3) Cr.P.C. - Civil suit is still pending to be decided on merit - Order on interim application does not amount to decide the lis pending..........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Order for DNA test cannot be given in routine manner and can be directed in specific circumstances where any person proves that there was no chance for cohabitation between parties during relevant period...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Trial Court ought to have examined contentions raised in counter affidavit filed on behalf of plaintiffs and proceeded with affording reasonable opportunity to defendants - Order allowing application U.O.9.R.13 CPC set aside - Matter remanded back to trial Court...........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 18 -- Appeal - Pre-deposit - DRAT directed appellant to deposit 40% of Rs.22.80 crore on account of pre-deposit - ARCIL applied for review and DRAT while allowing review petition directed appellant to deposit 30% of Rs.193.10 crore - However, rectified amount of..........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - Appellate Court set aside the judgment of trial Court and remanded the matter back to Trial Court for fresh adjudication upon suit, without even reversing specific finding recorded in favour of plaintiffs with respect to Will in question being surrounded by suspicious circumstances - Unless said finding recorded by..........
