Civil Procedure Code, 1908, Order 39, Rule 1, 2, National Highways Act, 1956, Section 3H, 4 -- Temporary injunction - Dismissal of application - Apportionment of compensation - Petitioners unable to deny that dispute pertaining to apportionment of amount of compensation and the question as to whether who is entitled to receive the amount in whole or in part is to be..........
Civil Procedure Code, 1908, Order 7, Rule 11, Electricity Act, 2003, Section 145 -- Rejection of plaint - Dismissal of application - Theft of electricity - Jurisdiction of Civil Court - There is no bar to jurisdiction of Civil Court after the order is passed by forum created by defendants - No ground to interfere made out - Application rightly dismissed...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Gravity/seriousness of the offence, requirement of the evidence for the purpose of launching a successful prosecution, and basically the interest of justice depending on the facts of each case, need be considered in passing order u/s 156(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 203, 378(4), 401 -- Dismissal of complaint u/s 203 Cr.P.C - Not an acquittal as per explanation provided u/s 300 Cr.P.C - Appeal is not maintainable against such order - It is Revision which is maintainable against an order dismissing complaint u/s 203 Cr.P.C...........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle seized in an offence u/ss 364, 392 IPC - Vehicle in question hypothecated by original owner in favour of appellant by entering into hire purchase agreement - Entry of hypothecation of vehicle in favour of appellant was very much there in original registration certificate, which was..........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Entrustment of stridhan - Quashing of order framing charges - Allegation against accused/brother-in-law of complainant - Highest allegation of complainant regarding entrustment of her stridhan article was against her mother-in-law, who has passed away - Nothing on record..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Measurement of property - It will help Court to take a decision whether any encroachment is made as alleged - In case Advocate Commissioner finds that there is no encroachment then it is petitioner who will get favourable order in the suit and thus no prejudice will be caused to the..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Police aid - To implement ex parte ad interim injunction order - Courts not to usually order grant of police aid to implement order of ex parte ad interim injunction order - Since it is not an order on merits after hearing both the parties, Court would be very slow in granting police aid, till possession and rights of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of plaint - Trial Court while allowing application has not considered it as per provision of O.6.R.17 Proviso CPC - Trial Court also not considered whether objections raised by defendants to application are legally sustainable or not - Impugned order of allowing application for amendment set aside - Matter..........
Criminal Procedure Code, 1973, Section 156(3), 202(1) -- Investigation - Difference between two provisions of Ss.156(3), 202(1) Cr.P.C - Investigation by police officer u/s 156(3) Cr.P.C is at pre-cognizance stage, whereas, power to order investigation u/s 202(1) Cr.P.C is at post-cognizable stage - Investigation u/s 202(1) Cr.P.C is for purpose of ascertaining truth or..........
