Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - When order is silent as to from which date it is payable then it has to be taken as payable from date of order...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution of interim order of injunction - Execution proceedings relate to interim order passed by Court in same suit - O.21.R.29 CPC does not contemplate a situation where execution proceedings in Court relate to an interim order passed by Court in same suit - Application U.O.21.R.29 CPC is not maintainable...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution of interim order of injunction - If execution of interim order of injunction is stayed U.O.21.R.29 CPC, it would have effect of nullifying interim order itself, as interim order operate only till disposal of suit - Application U.O.21.R.29 is not maintainable...........
Civil Procedure Code, 1908, Section 36 -- Execution - Order granting injunction is executable by applying provisions of CPC relating to execution of decrees...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366, 34 -- Anticipatory bail - Offence u/ss 363, 366, 34 IPC - Additional Session Judge who has passed order granting anticipatory bail to accused despite objection raised by complainant as well as I.O. that girl is aged about 15 years though while dismissing anticipatory bail application of..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - De novo trial - Suit for permanent injunction and mandatory injunction - Plaintiffs and defendant no.1 claim tenancy under defendant no.2 - However, defendant no.2 remained ex parte - Production of documents available with defendant no.2 regarding leasehold right will have much assistance to Court for an effective..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Abatement of suit - When each of application bring forth a sound explication for the occurrence of the apposite delay thereupon after condoning the apposite delay this Court deems it fit to set aside the order of, abatement of the appeal - Orders for substitution of the deceased by his LRs being made in the array of..........
Criminal Procedure Code, 1973, Section 177, 178, 179, 180, 181, 182, 183, 184 -- Transfer of three cases - Lack of territorial jurisdiction - Facts to be established by evidence may relate either to place of commission of offence or to other things dealt with by Ss.177 to 184 Cr.P.C - In such circumstances, Court cannot order transfer on the ground of lack of territorial..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Injunction order sought by concealing material facts - Application rightly rejected...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining interference in possession - When temporary injunction is sought restraining interference in possession then Court should refrain from passing status quo order - Moreso, in the instant case Court has granted status quo order without giving any finding about possession of parties over the..........
