Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Temporary injunction - Granted against defendant trust not to interfere with plaintiff's right of seva puja of deities - Order set aside in appeal - Admittedly, plaintiff trust was registered with due process - Right of seva puja was conferred on trust - Possession of trust..........
Criminal Procedure Code, 1973, Section 90, 91 -- Summoning of documents - If material on basis of which investigation officer has drawn his final conclusions, are not filed alongwith final report, trial Court has power to summon those documents before passing any order on final report submitted by police or on protest petition filed by complainant...........
Criminal Procedure Code, 1973, Section 125 -- Ex parte order of maintenance - Husband was serving in USA when impugned orders were passed against him - No opportunity of hearing therefore, was provided to husband - Notice of proceedings u/s 125(2) Cr.P.C were not served upon husband and same were served upon his father, which was not proper - Impugned orders of maintenance..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Matrimonial proceedings - Application U.O.7.R.11 CPC is not maintainable in matrimonial proceedings - Family Courts are advised to reject such applications in order to avoid delay in proceeding further - Family disputes ought to be decided as early as possible...........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Evidence of witnesses stated presence of petitioners and their participation in alleged offence - Some witnesses turned hostile - Certainly, there are discrepancies cropped up in cross-examination but necessary evidence for invoking S.319 Cr.P.C. for taking cognizance against the persons other than the..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Additional issues - Court not to dismiss application unless it holds that relief claimed is covered under a specific issue or issues to be raised are not required to be adjudicated - Impugned order dismissing application set aside and matter remitted for decision afresh...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - As per material on record, application u/s 319 Cr.P.C. was allowed after entire prosecution evidence as well as statement of accused had been recorded by the trial Court - Even, there is no such material on record which can satisfy the Court as to what prevented the prosecution or the trial..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Prayer claiming larger extent than could be claimed as per suit agreement - This is not an issue which could have been gone into by trial Court at the time of registration of plaint - Trial Court had no power to determine as to the extent of relief that could be claimed at the very threshold and requiring..........
Civil Procedure Code, 1908, Order 13, Rule 10 -- Summoning of record of criminal case - Categorical observation of Court below while allowing application that documents in question were not in control of plaintiff and therefore, concerned Court required the said documents for appropriate adjudication of suit, seems to be well justified - No interference warranted in..........
Criminal Procedure Code, 1973, Section 190, 482, Evidence Act, 1872, Section 25, Indian Penal Code, 1860, Section 407, 34 -- Confessional statement of co-accused before police - Admissibility - Offence u/ss 407, 34 IPC - No confession made to a police officer shall be proved as against accused of any offence - Confessional statement of co-accused before police held,..........
