Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo order - Appeal and not writ petition lies thereagainst...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Lack of territorial jurisdiction - Suit instituted at place `H' - As per averments made in plaint, part of cause of action arises at place `H' - Order rejecting application, upheld...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of order declaring accused as proclaimed offender - If accused shows his sincere intention and desire to appear before Court, then it would not be unjustified to protect him from being arrested - Order declaring accused as proclaimed offender set..........
Civil Procedure Code, 1908, Order 21, Rule 54 -- Execution - Attachment of property - Executing Court wanted to issue fresh attachment and notice U.O.21.R.54 CPC to avoid any objections and defects in sale of suit property to be conducted in Court auction - Court thus, directed JD to furnish his correct residential address with door number by way of affidavit, failing..........
Civil Procedure Code, 1908, Order 41, Rule 5, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Stay of injunction order - Ad interim injunction order passed against third party purchasers through joint owners - When acts of joint co-owner along with other defendants/purchasers and depriving rights of plaintiff as co-owner having joint possession of property, suit for..........
Criminal Procedure Code, 1973, Section 190, 173, 482 -- Acceptance of protest petition and treating same as complaint case - Protest petition was filed submitting that investigation was conducted in a arbitrary and clumsy manner and another supplementary protest petition was filed - Protest petition was accepted by Special Judge and treating the same as a complaint -..........
Criminal Procedure Code, 1973, Section 344, Indian Penal Code, 1860, Section 193 -- Giving false evidence - Offence u/s 344 Cr.P.C and S.193 IPC cannot be acted simultaneously, as offence u/s 344 Cr.P.C is a summary trial while offence u/s 193 Cr.P.C is a warrant trial procedure - Magistrate is require to decide as to whether he wants to proceed u/s 344 Cr.P.C or u/s 193..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Order granting anticipatory bail quashed - I.O. directed to take the accused into custody - Held, direction to take accused into custody is beyond jurisdiction of High Court - It is for Investigating Agency to take a call as to when accused is to be arrested - Such direction set aside...........
Civil Procedure Code, 1908, Section 115, 10 -- Revision - Order rejecting application u/s 10 CPC - Revision against such an order is not maintainable...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Prosecution filed application seeking extension of time to complete investigation prior to application for default bail filed by accused - Sessions Judge decided both the applications on same day - Consequently, application of prosecution was allowed and application of accused for default bail dismissed - Said..........
