Civil Procedure Code, 1908, Order 39, Rule 1, Constitution of India, 1950, Article 227 -- Interim injunction - Refusal to grant - Writ petition u/art 227 of Constitution challenging said order is maintainable...........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Restraining Electricity Board from interfering in possession of plaintiffs - Plaintiffs failed to produce any evidence of their possession over vacant land - No undue hardship or prejudice would be caused to plaintiffs in the event Electricity Board is permitted to proceed with energisation of..........
Criminal Procedure Code, 1973, Section 133, 134, 144 -- Proceedings u/s 133 Cr.P.C - Appellants were not served with any notice before initiating or even concluding the proceedings u/s 133 Cr.P.C, and they proceeded ex parte - Order passed in proceeding u/s 133 Cr.P.C held, not proper...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17A -- Additional evidence - Audio CD conversation - Divorce petition - Factum with regard to existence of audio CD sought to be adduced on record as additional evidence was very much in knowledge of husband before commencement of trial and at the time of leading evidence - Court below ought not to have allowed..........
Criminal Procedure Code, 1973, Section 216, 323 -- Addition of charge - Charge u/s 307 IPC - Committal of case to Sessions Court - Complaint reveals that there was an attempt to strangulate victim - No exception therefore, can be taken to order passed by Magistrate adding S.307 IPC - Said offence is triable by Court of Sessions - Case rightly committed to Sessions Court...........
Criminal Procedure Code, 1973, Section 82, 482, Indian Penal Code, 1860, Section 498A, 406 -- Proclaimed offender - Quashing of order declaring accused as proclaimed offender - Offence u/ss 406, 498-A IPC - Allegation against brother and sister of husband - Petitioners do not reside in India - A fact well within knowledge of wife - Any service effected in Yamunanagar would..........
Criminal Procedure Code, 1973, Section 315 -- Examination of accused as defence witness - S.315 Cr.P.C not prescribed any time limit for invoking petition under said provision - Petition filed u/s 315 Cr.P.C thus, not hit by any legal bar expressly on the ground that it is belated - Unless convincing reason is available, Court cannot reject such petition - Order of..........
Civil Procedure Code, 1908, Section 11, Order 14, Rule 2 -- Preliminary issue - Res judicata - Principle of res judicata is a mixed question of law and fact which may require not only examination of plaint but also other evidence and order passed in earlier suit may be taken up either as a preliminary issue or at the final hearing - But said question cannot be determined..........
Civil Procedure Code, 1908, Order 7, Rule 11(c) -- Rejection of plaint - Plaintiff party to the sale deed seeking declaration that sale deed executed by him is null and void - Plaintiff directed to pay ad valorem Court fees - Order upheld...........
Criminal Procedure Code, 1973, Section 397, 451 -- Revision - Maintainability - Order passed u/s 451 Cr.P.C is not interlocutory in nature, as it determines constitutional rights of party for return or disposing of properties - Revision against such order is maintainable...........
