Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Agreement to sell executed by owner in favour of appellant - Son of owner on the basis of power of attorney sold the property to respondent - Appellant filed suit for specific performance and cancellation of sale deed executed in favour of respondent - Respondent is a bona fide purchaser for..........
Criminal Procedure Code, 1973, Section 195(1)(b)(ii) -- Bar u/s 195(1)(b)(ii) Cr.P.C - Forged and fabricated transfer certificate - Transfer certificate was forged and fabricated before it was presented before returning officer along with nomination form - Document in question was not forged while it was in custody of Court - Bar u/s 195(1)(b)(ii) Cr.P.C is not attracted...........
Criminal Procedure Code, 1973, Section 195(1)(b)(ii) -- Bar u/s 195(1)(b)(ii) Cr.P.C - Forged and fabricated transfer certificate - Transfer certificate was forged and fabricated before it was presented before returning officer along with nomination form - It cannot be said that document in question was forged while it was in custody of Court - Bar u/s 195(1)(b)(ii) Cr.P.C..........
Criminal Procedure Code, 1973, Section 195(1)(b)(i), 195(1)(b)(ii), 340, Indian Penal Code, 1860, Section 193, 471 -- In absence of complaint in terms of S.195(1)(b)(i) & (ii) r/w S.340 Cr.P.C. is filed, the petitioner cannot be prosecuted for the said offences by directing registration of offence u/ss 193 & 471 IPC and the order directing registration of above-stated..........
Criminal Procedure Code, 1973, Section 195(1)(b)(i), 195(1)(b)(ii), 340, Indian Penal Code, 1860, Section 193, 471 -- Cognizance of offence - Offence u/ss 193, 471 - It appears that petitioner is Government servant and he is said to have committed offence u/ss 193, 471 IPC in relation to Court proceedings therefore, Ss.195(1)(b)(i) & 195(1)(b)(ii) Cr.P.C. is squarely..........
Hindu Marriage Act, 1955, Section 13(1)(ib), Family Courts Act, 1984, Section 17, Civil Procedure Code, 1908, Order 14, Rule 2 -- Divorce petition - Issues not framed by Family Court - Court thus not applied legal procedure while passing the impugned judgment - Impugned judgment is illegal and perverse which cannot be sustained...........
Civil Procedure Code, 1908, Section 151, Order 11, Rule 12, 14, Civil Procedure Code, 1908, Order zzz39, Rule 1, 2 -- Application U.O.11.Rr.12, 14 r/w S.151 CPC - Can be moved in proceedings relating to temporary injunction as proceedings for temporary injunction are part of the main proceedings...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - It is to be granted not at asking but on strong circumstance so that to protect rights and interest of parties so as not to frustrate their rights regarding mandatory injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Dispute as to who shall be Chief Mutawalli - Single Bench after taking into account prima facie view, came to conclusion that Chief Mutawalli would remain in family of plaintiff and his family members for all time to come - No infirmity found in order of Single Judge - Division Bench fell into error..........
Civil Procedure Code, 1908, Order 8, Rule 1, Civil Procedure Code, 1908, Order 9, Rule 13 -- Written statement-cum counter claim - Several adjournments availed to file written statement - Defendant debarred from filing written statement - Thereafter defendant proceeded ex parte - Ex parte decree set aside - Held, O.9.R.13 CPC cannot be made for retrieving lost opportunity..........
