Civil Procedure Code, 1908, Order 39, Rule 1, 2, 2A -- Interim mandatory injunction and police aid - Sought during pendency of appeal - Civil Court is not powerless to grant interim mandatory injunction - However, it does not mean that same could be granted even without an opportunity to the other side, especially when main appeal is pending for the past six years -..........
Criminal Procedure Code, 1973, Section 362, 482 -- Review - High Court has no jurisdiction to review its order either u/s 362 or u/s 482 Cr.P.C - Inherent power u/s 482 Cr.P.C cannot be used by High Court to reopen or alter an order disposing of a petition decided on merits...........
Criminal Procedure Code, 1973, Section 482, 202 -- Quashing of summoning order - Summoning order passed without any discussion of allegations made in the complaint or statement of complainant and his witnesses as recorded u/ss 200 and 202 Cr.P.C. - Impugned summoning order is cryptic and does not stand the test laid down by High Court - Summoning order quashed - Court..........
Civil Procedure Code, 1908, Order 17, Rule 1 -- One opportunity to lead evidence granted by High Court - Petitioner did not lead evidence on three occasions - No reason much less a plausible reason brought fore to satisfy as to what prevented him from appearing on the scheduled date - Order closing evidence of defendant held, proper...........
Hindu Marriage Act, 1955, Section 25(2), Civil Procedure Code, 1908, Section 151 -- Permanent alimony to wife - Modification sought by husband - Amount of maintenance mentioned in impugned order was a condition precedent for grant of divorce by mutual consent - Husband cannot be allowed to resile from commitment on which decree of divorce was predicated - Application for..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence at appellate stage - Dismissal of application - While dismissing application no opportunity was granted to petitioner to challenge the same since the final judgment was passed on the very same date - Approach adopted by appellate Court has led to serious miscarriage of justice - Denying a..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Additional evidence - Rebuttal - Recall of witness - Plaintiff examined patwari but he failed to bring official record with respect to khasra girdawari and pedigree table and for this plaintiff cannot be found fault with - At rebuttal stage, application has been made in time to examine concerned daftar kanungo who will bring..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Offence u/ss 324, 326, 308, 34 IPC - Petitioner is owner of car - There can be no objection to release of vehicle to his interim custody - However, it is not proper for this Court to pass any orders releasing vehicle to interim custody of petitioner without verifying the documents - Impugned order..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Impleadment of a party - Partition suit - Properties in question were enjoyed by defendant and plaintiff as joint family properties being father and son - Defendant mentioned in his written statement that he is having a sister, who is one of legal heir of their father - He did not raise a plea of non-joinder of necessary party..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - On the date of passing order of attachment defendant was not the owner of property - Apprehension of alleged intended sale lost - Owner of property is entitled to get the attachment lifted...........
