Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim relief - Refund of security deposit - Gram supplied pursuant to tender was rejected by appellant Corporation on ground that it contained foreign matters - Forfeiture of security deposit for breach of contract - Plaintiff claiming refund of security deposit pending suit - Not made out strong case in his favour with..........
Civil Procedure Code, 1908, Order 21, Rule 58, 99, 101, Jammu and Kashmir Rights of Prior Purchase Act, 1933, Section 15(5) -- Pre-emption suit - Filed in 1978 claiming relief under law i.e. clause `sixthly' which vested prior to amendment of 1973 - Exparte decree however passed under clause `fifthly' of contiguity-cum-vicinage which was not case of respondent - Execution..........
Retiral dues -- Releasing of - Dispute over age of superannuation pending - As per the workmen he would be entitled to continue in service up to the age of 62 years whereas as per the stand-of employer he would be entitled to continue up to the age of 60 years - Workmen attained 60 years of age - Held that no serious prejudice will be caused to the employer if dues are..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Appeal against decree of divorce pending - Petition u/s 25 is maintainable after passing of decree and pendency of appeal does not preclude wife from filing application u/s 25 of the Act...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Where subsequently instituted suit can be decided on purely legal points without taking evidence, it is always open to the Court to decide the relevant issues and not to keep the suit pending which has been instituted with an oblique motive and to cause harassment to the other side...........
Constitution of India, 1950, Article 136 -- Criminal case and maintenance petition filed by wife at Delhi - Husband filed a petition for divorce at place 'H' in Andhra Pradesh - Husband seeking transfer of criminal case and maintenance petition filed by wife at Delhi to a Court at place 'H' in Andhra Pradesh - Parents of Wife living in Andhra Pradesh and she owning a house..........
Criminal Procedure Code, 1973, Section 216, 228, 240 -- Charge - Framing of the charge during trial - Allegation that police had failed to investigate properly - Petitioner praying fresh investigation - Charge framed and case pending for trial - If during trial the trial Court on a consideration of broad probabilities of the case based upon total effect of the evidence and..........
Criminal Procedure Code, 1973, Section 173 -- Investigation - Allegation that police had failed to investigate properly - Petitioner praying fresh investigation - Charge framed and case pending for trial - Police accepting shortcomings - In case of defective investigation police can conduct further investigation, even after the Court took cognizance of any offence on the..........
Civil Procedure Code, 1908, Order 21, Rule 58, Transfer of Property Act, 1882, Section 53 -- TPA Prior to 1976 amendment - Suit setting aside sale of immovable property - Filing of - Allegations of - Fraudulent transfer - What amounts to - Money decree - Execution proceedings pending - Before property of judgment debtor could be attached he sold it in favour of plaintiff -..........
Civil Procedure Code, 1908, Order 21, Rule 43 -- Execution proceeding - Attachment of immovable property - Correct address has not been furnished in execution petition as to where movable sought to be attached have been kept - Further application to condone delay in filing petition to set aside ex parte decree was pending - Order of attachment of movable - Liable to be set..........
