Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Approach of Additional Judicial Commissioner is correct inasmuch as while taking cognizance, it firstly applied its mind to materials before it to form an opinion as to whether any offence has been committed and thereafter went into the aspect of identifying the persons who appeared to have committed the..........
Civil Procedure Code, 1908, Section 144 -- Restitution - Court which passes a decree or order is empowered to entertain and pass orders in an application filed by a party who is entitled to any benefit by way of restitution or otherwise...........
Civil Procedure Code, 1908, Section 144 -- Restitution - Word `order' employed in S.144 CPC includes order passed in interlocutory applications as well, as there is no specific embargo on trial Court to exercise power u/s 144 CPC even while entertaining applications filed in respect of interlocutory orders...........
Civil Procedure Code, 1908, Section 11, Order 9, Rule 2, 3 -- Dismissal of suit in default U.O.9.Rr.2, 3 CPC - Res judicata - An order of dismissal of a suit or application in default U.O.9.R.2 or U.O.9.R.3 CPC is neither an adjudication or a decree nor it is an appealable order - If that is so, such order of dismissal of a suit U.O.9.R.2 or U.O.9.R.3 CPC does not fulfill..........
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..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - So long as earlier order stands, it is not open to initiate fresh proceedings on the same ground, as it would be hit by principle of res judicata...........
Arbitration and Conciliation Act, 1996, Section 34, Insolvency and Bankruptcy Code, 2016, Section 31(1), Civil Procedure Code, 1908, Section 47 -- Objection against execution - Maintainability - Once a resolution plan is duly approved by the adjudicating authority under sub-section (1) of Section 31, all claims which are not part of the resolution plan shall stand..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Copyright infringement - Rejection of the Suit - Whether the High Court erred in setting aside the order of the Commercial Court and thus rejecting the application under O.7.R.11 CPC? - The question pertaining to ascertaining the true nature of the `Proprietary Engineering..........
Criminal Procedure Code, 1973, Section 156 -- Transfer of investigation to CBI - Power of transferring such investigation must be in rare and exceptional cases where Court finds it necessary in order to do justice between parties and to instil confidence in public mind, or where investigation by State police lacks credibility and it is necessary for having a fair, honest..........
Criminal Procedure Code, 1973, Section 50, 482 -- Remand order - Quashing of order - Petitioner was not furnished with grounds of arrest as mandated u/s 50 Cr.P.C - Arrest memo and remand orders reflect that only a printed format memo was provided without mentioning grounds of arrest - Even, no effort was made by Magistrate to ensure adequate legal aid to accused and..........
