Civil Procedure Code, 1908, Order 39, Rule 4 -- Temporary injunction - Grant of temporary injunction without notice - Opposite party always has remedy to move same Court by filing an appropriate application seeking its recalling/modification - Even when all parties have been heard, Court is still vested with power to change its order, provided either there is change of..........
Civil Procedure Code, 1908, Section 92 -- Public trust - Leave to file suit u/s 92 CPC - Defendants admitted execution of trust deed - Contention of defendants that they are using property for their own use and some shops have been let out and their names are recorded in Nagar Palika record does not confer any right or title on them - At the stage of grant of leave, prima..........
Criminal Procedure Code, 1973, Section 374, 386 -- Appeal against conviction - Dismissal of appeal after accepting request for withdrawal of application for condonation of delay - Withdrawal of application for condonation of delay by counsel of appellant was against the interest of appellant, as it attached finality to judgment of conviction thereby leaving no remedy for..........
Criminal Procedure Code, 1973, Section 164 -- Copy of statement recorded u/s 164 Cr.P.C. - Can be furnished only when order is passed by Court after taking cognizance in the matter - Right to receive copy of such statement arise only after cognizance is taken and at the stage contemplated by Ss.207 and 208 of the Code and not before...........
Criminal Procedure Code, 1973, Section 204 -- Summoning order - Analytical analysis of evidence is not required at the time of passing order u/s 204 Cr.P.C...........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Quashing of summoning order - Cruelty - Dowry demand - Demand of dowry coupled with cruelty is very well there against in-laws - Complaint was earlier made and an attempt for family settlement was there, but it could not be..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Properties are situated in two separate districts - However, trial Court has not considered the said fact - Impugned order of allowing application does not relate to any such attachment before judgment except to make an entry in record of Registering Authority - Provisions of O.38.Rr.5, 6 CPC are..........
Criminal Procedure Code, 1973, Section 482, 451, Punjab Excise Act, 1914, Section 61(1), 78(2) -- Quashing of order - Application for - Confiscation of car in which country-made liquor bottles were recovered - Order of Magistrate directing release of car upon furnishing bank guarantee - Application of provisions of S.451 Cr.P.C. in present case will be subject to..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Status quo order - Title suit filed by plaintiffs dismissed and title of property in favour of defendants has already upheld - However, appeal filed by plaintiffs against such dismissal of suit is pending - Balance of convenience is in favour of defendants, as title and possession of suit property has already..........
Civil Procedure Code, 1908, Order 23, Rule 1(3)(a) -- Withdrawal of suit - Formal defect - In order to constitute a ground for making an application for withdrawing from suit with liberty to file fresh suit on same subject matter, it is not sufficient to show that there is some formal defect in the suit but it is also necessary to show that suit would fail on account of..........
