Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406 -- Quashing of order - Order rejecting permission to go abroad - Cheating - Petitioner is a green card holder and he came to India for managing his properties and he was involved in present litigation - Case is at the stage of presentation of supplementary challan and it will take some..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Status quo - Co-sharers - Suit for separate possession - Suit for partition pending in between parties - It would be appropriate and in the interest of justice to ensure that parties continue with this position till final partition takes place and none of them is allowed to raise any sort of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Dismissal of application without considering objections raised by defendants in their application - Impugned order set aside Matter remanded with direction to decide the application afresh after dealing with objections raised by defendants...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 406 -- Anticipatory bail - Offence u/ss 498-A, 406 IPC - Application for anticipatory bail was rejected by High Court - However, Supreme Court vide its earlier order granted stay of arrest - Having regard to facts and circumstances of case, appellant should be granted benefit of provisions..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Additional evidence during pendency of appeal filed against order of conviction - To prove statement of accounts and books of account - Income tax return sought to be produced in additional evidence could have been proved during trial by summoning record from..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Execution - Auction sale - Setting aside - Plea of petitioner is that sale being defective on account of non-deposit of 25% of auction price at the time of sale - Held, non-sustainable - Petitioners cannot now be permitted to question sale on any ground which was available for them to be challenged before date of sale -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance on the basis of unregistered agreement to sell is maintainable - Order rejecting plaint, set aside...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Eviction petition - Plea of decree holder/tenant that no new document can be taken into account by executing Court - Boundaries of demised premises had been mentioned by decree-holders/landlord in petition for eviction which has been allowed - If site plan has been produced before executing Court in terms..........
Criminal Procedure Code, 1973, Section 482, 156(3) -- Two incidents on the same day - Court in summoning order did not believe second incident as alleged in the complaint - Non believing of one part of the incident in complaint throws a shadow of doubt on the earlier part of the incident as alleged - Criminal proceedings quashed...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Should not invariably be limited to a fixed period - It should inure in favour of accused without any restriction on time - Normal conditions u/s 437(3) r/w S.438(2) should be imposed - If there are specific facts or features in regard to any offence, it is open for Court to impose any appropriate condition..........
