Criminal Procedure Code, 1973, Section 437, 439 -- Two bail applications - Common order can be passed by Sessions Court in two bail applications filed by petitioner in two separate crimes...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plea that trial Court should have passed an order of status quo instead of passing an order of temporary injunction - Trial Court while deciding application for temporary injunction is required to give a finding as to which party is in possession of the property in dispute - By directing parties to..........
Civil Procedure Code, 1908, Order 23, Rule 1, 4, Legal Services Authorities Act, 1987, Section 20 -- Lok Adalat - Withdrawal of suit - Lok Adalat has no authority to exercise power U.O.23.R.1 CPC - Order passed by Lok Adalat in allowing withdrawal of suit is nullity and is no order in the eyes of law - By allowing withdrawal of suit by Lok Adalat, it cannot be said that..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - First suit filed for declaration before civil Court and subsequent suit for eviction filed under provisions of Maharashtra Rent Control Act - Jurisdiction of Courts dealing with both the suits is completely distinct and different - Reliefs prayed for in subsequent suit also stands on a different footing..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 28, 29 -- Anticipatory bail - Contraband - Quantity recovered from possession of accused is commercial quantity - However, Court below while granting bail to accused does not refer to S.37 of NDPS Act and did not record satisfaction with regard to conditions..........
Civil Procedure Code, 1908, Order 21, Rule 99, 101 -- Order U.O.21.R.99 CPC is final order not an interlocutory order, as question of right, title or interest in property is considered by virtue of O.21.R.101 CPC - Appeal and not petition u/art 227 of Constitution is maintainable...........
Civil Procedure Code, 1908, Order 17, Rule 1, 3 -- Closure of evidence of defendant no.4 - Witness of defendant no.4 was present for cross-examination on two occasions - But on both the occasions witness of defendant no.4 not cross-examined by Counsel for plaintiff - Witness of defendant no.4 did not appear on one date on which his evidence was closed by Court - Evidence..........
Civil Procedure Code, 1908, Order 4A -- (as in U.P) - Consolidation of suits - Interconnecting interests in relation to three subject matter of suits in question - For an effective and expeditious disposal of suit and in order to avoid a contradiction in finding to be recorded by Court below, with regard to interest of parties to suit, same deserves to be consolidated and..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Re-issue of warrant to Commissioner - Measurement of property on basis of sale deeds of parties - Suit for declaration and recovery of possession - It is for plaintiff to prove his title in order to succeed in suit - If defendant had purchased a portion of property prior to plaintiff's purchase, he would be automatically..........
Civil Procedure Code, 1908, Section 151 -- Witness not present for cross examination - Court passed an order to eschew the chief evidence affidavit - Witness is an old man, aged about 69 years who was suffering from fever and jaundice - Medical certificate were produced in support of said fact - However, trial Court has not referred to any medical certificate produced by..........
