Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Suit is pending since 2008 - Petitioner being husband of sole defendant is well aware of pending proceedings - Stand which has been taken in written statement is similar to what is being sought to be contended by petitioner - Despite the suit remaining pending for 11 years, no effort..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - Longer date - If longer date is fixed for disposal of an application for injunction, it frustrate the main object of it - Purpose of incorporating provision for temporary injunction is not only to protect and preserve the status of the property, but also to protect the rights pending final..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Amendment sough for adding relief of declaration as well as for adding pedigree of parties - Suit is pending since 1996 - Plaintiff failed to show before revisional Court or even before trial Court that he had no knowledge of pedigree of parties at the time of institution..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Appeal against grant of bail - No materials that order granting bail suffers from no, application of mind or the reason for granting bail is not borne out from a prima-facie view of the evidence on record - Offence alleged no doubt is grave and serious and there are several criminal cases pending against accused but..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 188, Explosives Act, 1884, Section 9B -- Anticipatory bail - Offence u/ss 420, 188 IPC and S.9-B of Explosive Act - Recovery of crackers - Petitioner is a valid licence holder for storing crackers under Explosive Act and said licence is renewed from time to time - However, validity of said..........
Civil Procedure Code, 1908, Section 24 -- Transfer of petition for custody of child - Wife failed to adduce even a piece of evidence to substantiate her apprehension that she may not get justice in Court where subject application for custody of child is pending - Even, wife failed to mention a single instance where Learned Judge has disclosed her biased mind or partial..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 7 -- Ex parte proceedings - Defendants were never served any notice of pendency of suit before 29.8.2014 - On 29.8.2014 only a date was fixed to proceed ex parte and thereafter evidence of plaintiffs was taken on affidavit and matter fixed for ex parte judgment - Defendants even stated that if they are allowed to..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Jurisdiction of High Court u/s 439 Cr.P.C is limited to grant or not to grant bail pending trial - However, Single Judge has collated data from State and made it part of order after decision of bail application as if Court had inherent jurisdiction to pass any order under guise of improving criminal justice system in..........
Civil Procedure Code, 1908, Order 39, Rule 6 -- Sale of vehicle seized by Bank - Non-payment of loan - Recovery suit - Application U.O.39.R.6 CPC, ought to have been decided by Trial Court at the time of final order in suit itself - Moreover, to keep application pending while suit itself is decreed, is completely irrational - Vehicle has a limited life value which..........
Indian Penal Code, 1860, Section 304, 341, 34, Criminal Procedure Code, 1973, Section 439 -- Bail - Offence u/ss 304, 341, 34 IPC - Prima facie consideration of FIR would show that all accused started giving beatings to deceased and gave push to her - No specific injury has been attributed to any one - It would be debatable as to complicity of accused in terms of..........
