Indian Penal Code, 1860, Section 109, Prevention of Corruption Act, 1988, Section 13(1)(e), 12 -- Abetment - Even a non public servant can be convicted u/s 109 IPC read with S.13(1)(e) of Act of 1988...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Court must satisfy three essential prerequisites before granting an interim injunction i.e: (i) existence of a prima facie case in favour of applicant evincing a reasonable probability of success at trial; (ii) balance of convenience lies in favour of granting injunctive relief; and (iii) applicant..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Appellant is incontrovertibly absolute owner of property with disputed area constituting merely a fraction of entire premises - He has already entered into an agreement to redevelop the property - In these circumstances, restraint imposed by impugned injunction order significantly circumscribes..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Condonation of delay in filing review application - Appellants were suffering from diabetes and hyper tension which is not sufficient ground for condoning delay in filing review application...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - In exercise of jurisdiction U.O.47.R.1 CPC, it is not permissible for an erroneous decision to be reheard and corrected - A review petition has a limited purpose and cannot be allowed to be an appeal in disguise...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Lack of jurisdiction either pecuniary or territorial, has to be taken at the earliest opportunity - Since the same has been raised before High Court, appellant cannot be allowed to raise lack of pecuniary jurisdiction at such belated stage - Moreover, on the date of filing of first appeal, High Court had..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Provision enables Court to summon additional persons as accused based on material emerging from evidence recorded...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Even a single witness, if found reliable, can form the basis for summoning u/s 319 Cr.P.C...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - At the stage of deciding an application u/s 319 Cr.P.C., Court is not required to adjudicate upon truthfulness of version, but only to see whether material on record, if unrebutted would justify trial...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Statement made on oath in Court is substantive in character and consistency between FIR and deposition only enhances the credibility of a witness - Therefore, argument that testimony is repetitive or lacks specific attribution is without merit - Application allowed...........
