Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Partition suit - Plaintiff and defendants both are having equal right over property in dispute unless it is divided as a consequence of partition suit - Therefore, to protect the property there is prima facie case and balance of convenience in favour of plaintiff as well as defendants also - Though..........
Negotiable Instruments Act, 1881, Section 138, 146 -- Dishonour of cheque - Intimation memo and dishonour memo do not contain number of cheque - Therefore, trial Court ought to have granted an opportunity to complainant to examine Bank Manger with relevant document to prove this aspect - Order of acquittal set aside - Matter remitted for fresh disposal after providing an..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Order refusing to grant injunction - High Court against order of Trial Court refusing to grant injunction pending disposal of suit, could not have dismissed substantive portion of suit itself and direct that remaining part of suit be agitated in a suit filed by defendant - Approach adopted by High Court is completely..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 3 -- Interim injunction - Arbitration proceedings - Appellants attempted to encash bank guarantee furnished by respondent - If appellants were permitted to invoke bank guarantee, prayer made in S.9 of Arbitration and Conciliation Act, arbitration petition would likely become infructuous - Interim order restraining..........
Protection of Children from Sexual Offences Act, 2012, Section 10, Indian Penal Code, 1860, Section 376(2)(c), 511, 448 -- Offence u/s 10 of POCSO Act and Ss.376(2)(c), 511, 448 IPC - Evidence of victim girl and medical examination report prima facie do not indicate that there was any penetration or rape committed by petitioner on the victim girl nor that he attempted to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Extended from time to time - Revisional Court stayed all further proceedings of the suit till disposal of revisional application - Stay order cannot be construed to debar trial Court from taking up interlocutory applications as well - Trial Court directed to dispose of injunction application as..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence during pendency of revision - Hearing of matter would likely take a long time - Appellant remained on bail during entire course of trial and appeal and he did not misuse liberty so granted to him - Sentence awarded to appellant suspended..........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of additional documents - Documents sought on record are important and material documents for just and proper disposal of lis - Therefore, to do complete justice in the matter, said documents ought to have been taken on record by trial Court - Application allowed directing trial Court to take documents on record...........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A -- Plea of juvenility - Can be taken at any stage of proceedings even after final disposal of case before any Court...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Infringement of trade mark - Trade mark of defendant is visually, phonetically, structurally and deceptively similar to plaintiff's registered trade mark with the similar symbol for which plaintiff has secured trade mark registration certificate and has been using the same since long - Defendant's..........
