Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining defendants from interfering in any manner over suit property - Both the parties claiming ownership rights in suit property while plaintiff claims on the basis of registered sale deed - Whereas defendants claim ownership and possession on the basis of Will - Assertions of both the parties..........
Criminal Procedure Code, 1973, Section 190(1)(a), 202, 204 -- Complaint - Issue of process - Application of mind - In the instant case summoning order passed by stating "Perused the complaint and the statements recorded...." - Held, there is no indication on the application of mind by Magistrate in taking cognizance and issuing process - Contention that application of mind..........
Criminal Procedure Code, 1973, Section 190(1)(a), 202, 204 -- Complaint - Issue of process - Magistrate while issuing process against accused has to apply his mind to the facts and statements and satisfy that there is ground for proceeding further against accused - Though no formal or speaking or reasoned order is required at the stage of Ss.190 & 204 Cr.P.C. but there..........
Criminal Procedure Code, 1973, Section 190(1)(a) -- Cognizance of offence - If complaint, on the face of it, does not disclose commission of any offence, Magistrate shall not take cognizance u/s 190(1)(a) Cr.P.C. - Complaint is simply to be rejected...........
Civil Procedure Code, 1908, Order 17, Rule 1 - - Adjournments not beyond three times is salutary so long as the parties would stick to schedule - Provision is purely directory and an exhortation that unnecessary adjournments shall not be taken in Court - Court cannot merely close the evidence because three opportunities have been exhausted - It has still to see whether..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Co-sharers - Alienation - Both the plaintiffs, one of advanced age and the other due to his infancy require protection of their interest - More so, being co-sharers, in case of alienation, their interest would be adversely affected - Balance of convenience lies in favour of plaintiff - Due to grant..........
Civil Procedure Code, 1908, Order 41, Rule 1 -- Appeal - Copy of judgment to be accompanied with appeal - Appeal filed accompanied with copy of judgment but without a copy of decree founded upon such judgment - Held, appeal is in proper form as the only requirement is filing of copy of judgment with appeal...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Subsequent transferees having express or implied notice and knowledge of suit agreement, can be impleaded as a party though issue for decision in the pending suit need not be enlarged beyond the scope of decision as to enforceability of suit agreement according to law -..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - In the plaint not all the evidence with respect to allegations is to be adduced - However, a comprehensive narration of facts that constitute cause of action has to be given in the plaint...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 37, 38 -- Letter of Credit - Law of injunction against honoring Letter of Credit by a bank summed up as follows: (i) Court must be slow in granting an order of injunction restraining realization of a bank guarantee or Letter of Credit; (ii) There are two exceptions to above rule: (a) it..........
