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..........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Maintainability - Order of acquittal of accused - State Government had to direct public prosecutor to present an appeal to High Court - No averment in revision petition that revision has been filed by public prosecutor at the direction of State Government - Revision petition dismissed being not maintainable...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Relief of declaration of title sought by way of amendment of plaint - However, cause of action for seeking declaratory relief of title to suit property arose in 2008 and amendment sought after more than 8 years from denial of title - Action on the part of plaintiffs thus,..........
Criminal Procedure Code, 1973, Section 438, 482 -- Anticipatory bail - Dismissal of application - Power of High Court to grant further relief - Accused granted 90 days time to surrender before trial Court and to seek regular bail and granted protection from coercive action for the said period - Even when Court is not inclined to grant anticipatory bail to an accused, there..........
Criminal Procedure Code, 1973, Section 31 -- Conviction u/ss 376, 363 IPC - Without specifying in order as to whether sentences will run concurrently or consecutively - Accused continuously served about 13 years and 2 months of imprisonment - Nothing adverse in regard to their conduct while serving sentences has been placed on record - Maximum period of imprisonment to be..........
