Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for permanent injunction solely based on agreement to sell - Agreement to sell is not a conveyance and it does not transfer ownership rights or confer any title - There is no other document on which reliance is placed by plaintiff - Any of three ingredients for grant of temporary injunction are..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 364A, 370, 386, 120B -- Bail - Kidnapping for ransom - Accused have suffered incarceration of 1 year and 4 months - There is no likelihood of trial concluding anytime soon, as charges are yet to be framed - Gold articles and money has already been recovered by investigating agency - Bail..........
Criminal Procedure Code, 1973, Section 439(2), Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3) -- Cancellation of bail - Interim stay of operation of an order granting bail till disposal of application for cancellation of bail - In an application filed seeking cancellation of bail, power to grant an interim stay of operation of order to bail can be exercised only..........
Criminal Procedure Code, 1973, Section 439(2), Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3) -- Cancellation of bail - Ex parte ad interim stay of operation of an order granting bail till disposal of application for cancellation of bail - As a normal rule, ex-parte stay of the bail order should not be granted - Said power can be exercised only in rare and very..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Compounding - Absence of consent of complainant - Merely because Supreme Court quashed proceedings by invocation of power u/art 142 of Constitution, cannot be a reason for compounding an offence u/s 138 of N.I Act invoking power u/s 482 Cr.P.C and power..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Contraband - Non-compliance of provision of S.52-A of the Act - No evidence is on record to the effect that procedure prescribed u/s 52-A(2), (3) and (4) of the Act was followed while making the seizure and drawing sample such as preparing the inventory and getting it certified by Magistrate - No evidence..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Contraband - Charas was recovered from the possession of appellant - Process as indicated in Standing Order No.1/88 and 1/89 was not adopted - Prosecution had not followed the procedure as prescribed while drawing the sample of recovered charas from the bag of appellant - Non production of the bulk before..........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Report of Advocate Commissioner - Objections - Dispute is completely factual and trial Court in its order has considered each and every issue raised by plaintiff - Advocate Commissioner was also put to cross-examination and trial Court has also discussed the points taken up in cross-examination - There being no discrepancy..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - S.10 CPC only talks about stay on trial and not on the institution...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Encroachment - Court below on basis of report of Mauka Commissioner and while considering other material available on record, has reached to prima facie conclusion that comparative measurements of land purchased by plaintiff and measurements of patta issued in favour of `R' from whom..........
