Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo order - Order is binding upon the parties to the litigation...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Wife sought transfer of divorce proceedings on the ground that she is financially dependent on her parents and therefore unable to pursue proceedings in Pune - She has been deliberately delaying the matter for over four years as recorded in 2024 and even remained absent for nearly seven months..........
Criminal Procedure Code, 1973, Section 438, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Bail - Record shows that till date, warrant whether bailable or non-bailable, has not been issued, therefore, merely issuance of summon by order against the applicant would not come within the premises of apprehension of being arrested by the police - Appeal dismissed...........
Criminal Procedure Code, 1973, Section 446 -- Forfeiture of surety bond - Petitioner/surety was penalized without providing any rightful opportunity of hearing - No notice was served upon petitioner - By erroneously recording absence of petitioner despite notice, trial Court penalized him for an amount of Rs.30,000 which is not sustainable in law - Impugned order set aside..........
Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Allegations against appellants are that they entered into a conspiracy with other individuals to fabricate a forged Will after death of testator that was then used to circumvent sale deed - Neither any criminal breach of trust nor any..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 89 -- Auction sale - Setting aside on deposit of amount - Auction purchaser was not given notice and opportunity to contest the execution petition - Aspect whether JD can be permitted to deposit the amount under any exceptional circumstances was not discussed - There is no examination of aspects whether JD could make..........
Civil Procedure Code, 1908, Order 11, Rule 5(4) -- Non production of document - Adverse inference - Adverse inference being a presumption, can only be drawn at the time of trial qua the facts of each cases, as it would require evidence and appreciation of evidence, as to whether there is compliance, partial compliance or no compliance with order - The presumption of..........
Civil Procedure Code, 1908, Order 11, Rule 5(4), 21 -- Production of document - Non-compliance with order - Striking off the defence can never mean striking off cross examination...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Un-stamped agreement to sell - Agreement to sell is neither registered nor sufficiently stamped - Said agreement to sell could not have been considered for any purpose for accepting plaintiff's case - However, when defendant has not denied execution of document, so also receipt of part of..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Granted with condition that appellant resumes conjugal life with his wife and maintains her with dignity and honour as his lawful wife - High Court should have considered the prayer of appellant for pre-arrest bail entirely on its own merit instead of imposing a condition which is not traceable to S.438(2)..........
