Civil Procedure Code, 1908, Section 9, Order 39, Rule 1, 2 -- Interim Injunction - Bar of jurisdiction of Civil Courts - Plaintiff secured loan by hypothecation and charge from the Financial Institution - Financial Institution issued notice for enforcement of obligation - Plaintiff filed suit for mandatary injunction - Application for interim injunction also filed -..........
Indian Penal Code, 1860, Section 436, 427, Criminal Procedure Code, 1973, Section 173 -- Legal Services Authority Act, 1987 - Lok Adalat - Power of - Lok Adalat is not a regular Court - Lok Adalat has no power to entertain report submitted by Police under Section 173 Cr. P.C...........
Civil Procedure Code, 1908, Section 148 -- Extension of time to deposit requisite amount - Power to extend time to deposit requisite amount can be exercised under Section 148, CPC even if application is filed after expiry of period initially fixed for payment or deposit of the amount...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 147, 148, 447, 323, 307, 302 -- Bail - Offence under Sections 147, 148, 447, 323, 307 and 302 IPC - Bail application opposed by complainant on ground that one of accused petitioner instigated other co-accused to kill deceased and other injured persons of complainant party and another accused..........
Civil Procedure Code, 1908, Section 80(1), 80(2) -- Government or public officer - Suit against - Notice u/s 80 CPC is imperative - In case urgent and immediate relief is to be granted suit can be instituted without service of notice u/s 80 with leave of the Court - Such leave must precede the institution of suit - Order granting leave must indicate the ground(s) pleaded..........
Civil Procedure Code, 1908, Section 80(1), 80(2) -- Notice - Service of - Condition precedent for institution of a suit against Govt. or a public officer - No suit can be filed against Govt. or a public officer unless requisite notice u/s 80 (1) has been served on such Govt. or public officer - Section imposes a statutory and unqualified obligation upon Court - In absence..........
Civil Procedure Code, 1908, Section 80(1), 80(2) -- Suit against Govt. - Service of notice - Exemption - No urgent or immediate relief granted by the Court - Section 80(2) mandates that if Court is of the opinion that no urgent relief deserve to be granted, it should return plaint for presentation after complying with requirements as contemplated u/s 80(1)...........
Criminal Procedure Code, 1973, Section 197, 482 -- Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 32 - Penal Code, 1860, Sections 452, 500, 506, 148 r/w 149 - Summoning order - Quashing petition - Public servant - Sanction for prosecution - Loan - Default - Affixation of notice, demanding payment, on the house..........
Criminal Procedure Code, 1973, Section 357 -- Probation of Offenders Act, Section 4 - Indian Penal Code, 1860, Sections 324, 326 and 325 - Probation - Accused, four in number convicted under Sections 324, 326 and 325 IPC - Occurrence took place in the year 1993 - Both parties belonging to same village - No material to show that any of the petitioners indulged in any crime..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Appellant arrested on 18.7.06 and he in custody since then - Challan filed and charges framed - Fit case to release accused on bail under Section 439 Cr.P.C...........
