Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for eviction and recovery of rent - High Court not answered substantial questions of law framed by High Court, but examined the question as to validity of quit notice - Validity of quit notice is not an issue before High Court nor any question of law is framed on the same - High Court ought to have examined..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Grant of police aid - Implementation of ad-interim injunction order - It is always desirable for Court to conduct enquiry at first in interim injunction petition followed by police aid petition - This procedure can be followed only when by date of hearing police aid petition, defendant has come up with counter in interim..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Grant of police aid - Implementation of ad-interim injunction order - Defendants already filed their written statement as well as counter in application U.O.39.Rr.1, 2 CPC and they are always ready for enquiry - Besides in the written statement a copy of which is filed along with material papers, emphatic contention of..........
Civil Procedure Code, 1908, Section 104, Order 43, Rule 1, Delhi High Court Act, 1996, Section 10(1) -- Appeal - Right to file list of witnesses as well as evidence by way of affidavits - Maintainability - Suit for specific performance - An appeal shall lie only against the order of single judge which are mentioned in S.104 r/w O.43.R.1 of CPC - Order under challenge do..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Offence u/ss 323, 341, 325, 34 IPC - No material on record to establish that accused in any manner has caused any injury to complainant - Order summoning accused set aside...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Default in payment - Sentence - It is open for Magistrate to award sentence up to maximum one month for each month's default made by person ordered to pay maintenance - Even Magistrate can entertain separate applications or even entertain a common application for several months of default and pass..........
Civil Procedure Code, 1908, Section 151, Order 14, Rule 5 -- Framing of additional issues - After closure of plaintiff's evidence - Suit for declaration - Grant of declaration is dependent upon claims set up by plaintiffs on the basis of two Wills and one family settlement - Plaintiffs had already concluded their evidence and after closing of the same voluntarily, have..........
Criminal Procedure Code, 1973, Section 378(4) -- Appeal against acquittal - Leave to appeal - Magistrate dismissed complaint and acquitted all accused - High Court ought to have granted leave to complainant to file criminal appeal - Having regard to nature of violations complained of and material on record, regular hearing by way of appeal before High Court was necessary..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Setting aside ex-parte order - Appeal against dismissal of application - Prayer for setting aside ex-parte order made during pendency of suit U.O.9.R.7 of CPC and not after its disposal U.O.9.R.13 - Therefore, an appeal preferred against order passed in relation to an application U.O.9.R.7 of CPC, is not maintainable -..........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal of prosecution - Offence u/ss 147, 336, 332, 353, 504 IPC - Matter appears to be trivial an trifling both - Incident does not involve grave offences or during course of which some serious crimes were committed - Refusal of consent of withdrawal of prosecution by Court below does not appear to be a very prudent..........
