Civil Procedure Code, 1908, Order 39, Rule 1, 2.O -- Temporary injunction and appointment of receiver - Property ordered to be put on public auction by appellate Court in an appeal against order granting temporary injunction and appointing receiver - None of the parties did suggest the disposal of suit property by public auction - Neither any exceptional circumstances nor..........
Contempt of Courts Act, 1971, Section 12, Civil Procedure Code, 1908, Order 39, Rule 2 -- Disobedience of order of injunction - Order of injunction passed by District Judge - Contempt petition u/s 12 of Contempt of Courts Act in High Court - As it is imperative to come to a definite conclusion before punishing concerned respondent as to whether he indeed willfully..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Disobedience of order of injunction - Court who has granted injunction or made an order may order the property of person guilty of such disobedience or breach to be attached and may also order such person to be detained in civil imprisonment for a term not exceeding three months unless Court in the meantime directs its..........
Contempt of Courts Act, 1971, Section 12, Civil Procedure Code, 1908, Order 39, Rule 2 -- Disobedience of order of injunction - Order of injunction passed by District Judge - Contempt petition u/s 12 of Contempt of Courts Act filed in High Court - Held, contempt petition in High Court is not maintainable in view of alternative remedy available U.O.39.R.2-A CPC who has the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of eviction petition - Amendment sought to substitute word `business' with `practice' - Word `business' is of wide import and essentially include expression `practice' as it is systematic and continuous activity by a person by the application of his labour and skill with a view to earn profit - Once that is the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of eviction petition - Amendment sought by tenant pertains to maintainability of eviction petition in view of bar u/s 14(6) of H.P Urban Rent Control Act - However, very same question was earlier raised by tenant by filing application U.O.7.R.11 CPC before Rent Controller - However, same application though allowed..........
Criminal Procedure Code, 1973, Section 482, 155, Copyright Act, 1957, Section 63, 63B, 65 -- Quashing of FIR - Offence u/ss 63, 63-B, 65 of Copyright Act - Offence not cognizable - Registration of FIR without order of Magistrate having power to try such case or commit the case for trial is violative of S.155(2) Cr.P.C. - FIR quashed...........
Criminal Procedure Code, 1973, Section 319, Evidence Act, 1872, Section 11 -- Summoning of additional accused - Murder case - Plea of alibi - Accused were 175 kms away from the place of occurrence at the time of incident - Police investigation in view of documentary and other evidence collected during investigation revealed that presence of accused at the place of..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Non-framing of issue - Lower Appellate Court not justified in setting aside the judgment of Court of first instance without setting aside findings recorded by it - Direction issued by Lower Appellate Court while remanding the matter to frame issue is also erroneous, as neither defendants being raised the question..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of anticipatory bail - Anticipatory bail granted in view of compromise between parties with condition that amount in dispute will be refunded by accused in form of two post dated cheques and if cheques got dishonoured, compromise stands automatically cancelled - Cheque in question dishonoured subsequently -..........
