Civil Procedure Code, 1908, Order 21, Rule 40 -- Execution - Arrest and detention - Decree for permanent injunction - Report of Tehsildar shows that there is no obstruction caused by JD on suit land - Construction on suit land was laid down by Electricity Board - JD has no objection in case said construction is removed - Since suit land is lying vacant on the spot, as..........
Indian Penal Code, 1860, Section 341 -- Wrongful restrain - For applicability of the provision of S.341 IPC, it has to be proved that (i) there was obstruction by the accused; (ii) such obstruction prevented a person from proceeding in a direction to which he had a right to proceed; and (iii) the accused caused such obstruction voluntarily. - Obstructor must intend or know..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for mandatory and prohibitory injunction - Concurrent findings of Courts below that obstruction over suit property as alleged by plaintiff has already been removed by defendant pursuant to order of Tehsildar - As regarding claim of plaintiff regarding right to use the way in question, both the Courts below..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections - U.O.21.R.97 CPC, it is only DH who is entitled to make an application in case where he is offered resistance or obstruction by any person...........
Contempt of Courts Act, 1971, Section 2(c)(iii), 12(1) -- Criminal contempt - Interference with administration of justice - Accused allegedly attempted to obstruct process of justice when non-bailable warrant was sought to be served on him by competent police officials, which has been recorded in video footage - Behaviour and conduct of appellant who is a member of Bar has..........
Civil Procedure Code, 1908, Order 21, Rule 97, 99, 101 -- Execution - Objections by third party - Application filed by obstructor U.O.21.R.97 CPC claiming himself to be in possession of property in dispute, would be maintainable and same should be decreed on merits even if no application is filed by DH to Court complaining regarding obstruction in obtaining possession of..........
Civil Procedure Code, 1908, Order 21, Rule 97, 99, 101 -- Execution - Objections by third party - Whenever an obstruction or resistance is made by any person whomsoever in the execution of decree by the decree-holder, the Execution Court is under obligation to adjudicate the right, title or interest of the obstructionist/resister in the manner prescribed under Rules 98 to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Co-owners - Injunction - Law is not rigid that in no case injunction can be granted against co-owner - Injunction can be granted at the instance of one co-owner against another co-owner : (a) If one co-owner prevents the other from enjoying the common property, the affected co-owner can certainly approach the Court for..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Eviction decree - Objection by BDA (Bangalore Development Authority) - DH after a period of approximately 17 years and after vesting of suit property in favour of BDA, entered into lease agreement with JD - BDA has become absolute owner of suit property - When BDA claims right, title or interest in suit property,..........
Indian Penal Code, 1860, Section 326A, 324, 323, 353, 332 -- Acid attack - Reduction of sentence - Accused forcibly entered into office of complainant and beaten injured and poured acid over his body without any reason - He committed marpit with other employees of office - It was a Government office where alleged incident took place, therefore, accused also created..........
