Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406 -- Complaint - Quashing of - Whole attempt of complainant is evidently to rope in all members of family in instant criminal case without regard to their role or participation in alleged offences - A criminal complaint u/s.138 of NI Act is already pending against appellants - They would..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Implementation - Police aid - In a fit case Court can direct police aid as a preventive measure - This power though not expressly conferred, is a power incidental or ancillary to the exercise of the power to grant injunction pending the suit...........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Divorce petition pending in a Court at Rohtak - Wife seeking transfer of case to Jind as she had to travel alone and cover a distance of about 100 kms. to attend the Court at Rohtak - Case transferred to Court at Jind...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Interim injunction - Violation - Trial Court imposed fine of Rs.1,000/- and further direction for vacation of premises within three months - High Court in appeal directed the impugned order to be kept in abeyance as application under order 39 CPC was still pending - Impugned order passed by High Court was unsustainable -..........
Negotiable Instruments Act, 1881, Section 141, 138, Companies Act, 1956, Section 446 -- Company - Under liquidation and Official Liquidator appointed - Cheque issued by Company and signed by Managing Director - No claim made against assets of the company - Criminal proceedings cannot be stayed under S.446 of the Companies Act - S.446 of the Companies Act is not attracted..........
Criminal Procedure Code, 1973, Section 389 -- Bail pending appeal - Conviction u/s 498-A IPC - Appellant in custody for more than three years - No likelihood of appeal being heard early - Appellant ordered to be released on bail...........
Civil Procedure Code, 1908, Order 9, Rule 6 -- Defendant proceeded ex parte - Defendant can participate in the suit at the stage at which it is pending without getting the exparte order set aside...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit allowed subject to payment of Rs.300/- as costs - Fresh suit filed without depositing costs - Subsequently during pendency of suit application filed to deposit costs - Application dismissed and plaint rejected - Appellate Court allowed the plaintiff to deposit costs - Held, it was not a condition precedent..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - A bonafide purchaser of the property during the pendency of litigation without any knowledge of such litigation becomes owner of the property and is entitled to be heard before any order is passed affecting his vital interest in the property - He is a necessary party to be allowed to be impleaded in..........
Limitation Act, 1963, Section 14 -- Pre-mature suit - When a litigant is fighting a litigation without maturity of cause of action by filing a premature suit, he cannot take advantage of period when his suit or appeal was pending...........
