Specific Relief Act, 1963, Section 38, 39, Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for perpetual and mandatory injunction - Framing of suit was not an issue before trial Court and first appellate Court - Non-suiting plaintiff by High Court on that ground is unsustainable - High Court ought to have accepted plaintiff's case by appreciating documents..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Main purpose of O.18.R.17 CPC is to enable Court to clarify any doubt which it may have with regard to evidence led by parties - However, provision of O.18.R.17 CPC cannot be used to fill omissions in the evidence of a witness who already stands examined in detail...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of PWs for further cross-examination - Once plaintiff was examined and cross-examined at length, there was no question of witnesses being recalled merely on the ground that certain material questions were not put to said witnesses - Application rightly dismissed...........
Prevention of Corruption Act, 1988, Section 13(i)(d), 13(2), 7 -- Illegal gratification - Demand and acceptance - Officers of the trap team spoke about handing over of money by complainant to A-1 who handed over half to A-2 which amounts were said to have been put by both the accused in their trouser pockets - PW8 who led the trap team merely spoke of a recovery of bribe..........
Indian Penal Code, 1860, Section 376(2)(f), 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 42 -- Offence u/ss 376(2)(f), 376(2)(i) IPC and Ss.3, 4 of POCSO Act - Sections of IPC provides for a higher sentence as compared to Ss.3, 4 of POCSO Act - Trial Court was justified in choosing the former to award punishment in terms of S.42 of POCSO..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Anticipatory bail - Contraband - 35 bottles of manufactured drug of 100 ML content each containing a narcotic substance Codine phosphate in mixture came to be recovered and seized from him - Alleged recovered drug falls within an ambit of small..........
Civil Procedure Code, 1908, Order 21, Rule 22 -- Execution - Show cause notice U.O.21.R.22 CPC - When notice was issued U.O.21.R.22 CPC to JDs, counter filed by them has to be considered before passing proceeding further in execution petition...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 54 -- Execution - Objections - Attachment of property - Petitioner No.1/JD died after decree was passed jointly against her and petitioner No.2 - LRs of petitioner No.1 were not added to execution petition - LRs of petitioner No.1 are proper and necessary parties - Executing Court erred in passing impugned order of..........
Civil Procedure Code, 1908, Order 26, Rule 10A -- Scientific investigation - DNA Test - Paternity - Directions for DNA testing can only be permitted when Court after perusal of evidence finds that evidence is not sufficient to conclude legitimacy of paternity - Application rejected being premature...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Earlier suit was for declaration and subsequent suit was for partition - Core issue in both the suits are different even though property is same - Parties are also different - Pendency of earlier suit does not call for stay of subsequent suit - Application rightly dismissed...........
