Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit - Order allowing withdrawal of suit without there being specific mention of the fact of granting liberty to plaintiff to file a fresh suit - Plaintiff in his statement clearly stated that he wants to withdraw the suit with liberty to file fresh suit - Statement of..........
Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Offence u/s 406 IPC - Matter is of a civil nature involving question of accounting, which can be decided by evidence of parties - Magistrate mechanically summoned applicant without appreciating procedure of law - Dragging matter before criminal Court is nothing but..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 41, Rule 20 -- Temporary injunction - Declined - Appeal against - Appeal filed against some of the defendants - Allegations against all the defendants in order to justify grant of temporary injunction - Grounds of appeal directly concern defendants in the pending suit who have not been made..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - No evidence produced by husband regarding his income - However, Court below has ordered maintenance @ Rs.10,000 and Rs.5000 p.m respectively to wife and child - Notional income of petitioner was not calculated - Maintenance to wife reduced from Rs.10,000 to Rs.8000 - Rest of order stands..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of decree holder (DH) - Substitution of son of DH - Petitioner along with his all brothers and sisters have received the notices under execution proceedings but they never came forward to get themselves substituted/impleaded in execution proceedings - Petitioner was thus,..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Grant from date of application - Reasons not recorded for grant of maintenance from date of application - Impugned order set aside - Maintenance payable from date of order...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Plaintiff guilty of suppression of certain facts at the time of adjudication of application U.O.39.R.4 CPC - It is inherent in order of said application that said facts are necessary for controversy - Plaintiff immediately filed application U.O.6.R.17 CPC to incorporate..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Disobedience of order of temporary injunction - It is not a criminal proceeding and not to be proved beyond all reasonable doubts - But at the same time, it is a quasi criminal proceeding...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Disobedience of interim order of status quo - Defendants being in possession of suit land, already completed repairing works over suit land by the time order of status quo was received - Plaintiffs failed to establish that there is willful and deliberate violation of status quo order by defendants to warrant liability..........
Criminal Procedure Code, 1973, Section 195 -- Bar u/s 195 Cr.P.C - Cognizance of offence - Offence u/ss 188, 34 IPC - Compliant filed by Enforcement Officer being Government servant is valid, as Government Official on duty has every right to file a complaint if he finds any order of Court, Tribunal or District Administration is violated...........
