Criminal Procedure Code, 1973, Section 249, 482, Indian Penal Code, 1860, Section 302, 364 -- Complaint - Dismissal for non appearance of complainant - Magistrate was not competent to discharge accused and dismiss complaint, in view of provisions of S.249 CrPC, as complaint under "cognizable and no, compoundable offences" automatically after summoning accused has to be..........
Criminal Procedure Code, 1973, Section 249, 482, Indian Penal Code, 1860, Section 302, 364 -- Complaint - Dismissal for non appearance of complainant - After recording preliminary evidence, Magistrate had summoned accused persons by issuing process, but except for one accused, presence of remaining accused persons could not be procured and after elapsing of more than eight..........
Civil Procedure Code, 1908, Section 151 -- Recall of an order - Rent and eviction - Absence of counsel - Denying opportunity of cross-examination - Ground for rejection of recall application was that unnecessary harassment to witnesses and absence of counsel who was travelling abroad - Right of cross-examination of material evidence on which fate of eviction petition..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Once petitioner himself was signatory to mutual settlement, he could not be permitted to turn around and say that said document cannot be read into evidence for purpose of granting ad interim injunction in their favour - Correctness of said agreement and also denial thereof by petitioner would be..........
Civil Procedure Code, 1908, Order 7, Rule 11(b), (c) -- Rejection of plaint - Deficient Court fees - Partition suit - Scope of enquiry U.O.7.Rr.11(b), (c) CPC, was only to see whether relief of partition was undervalued and if properly valued, whether Court fees paid thereon was sufficient - Trial Court therefore, completely misdirected itself in opening up the question as..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Constitution of India, 1950, Article 227 -- Revisional jurisdiction - When applications for interim injunction and interim mandatory injunction are dismissed by trial Court and the said order is also confirmed by Appellate Court, revisional Court would not normally interfere with such orders - The jurisdiction of revisional..........
Punjab Land Revenue Act, 1887, Section 111, Civil Procedure Code, 1908, Order 1, Rule 10 -- Partition - Necessary party - Partition proceedings have been carried out without impleading all co-sharers which suffers from vice and even this aspect of matter has not been seen before passing order by Financial Commissioner - Order set aside...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Evidence - High Court issued directions that defendant was permitted by trial court to cross-examine three witnesses of plaintiff - While completely mis-understanding and misinterpreting true import of order passed by High Court, trial court permitted plaintiff-respondent to lead more evidence, for which there was no scope..........
Criminal Procedure Code, 1973, Section 439, 438 -- Anticipatory bail - Interim order granting pre-arrest bail - Accused thereafter surrendered before trial Court and regular bail was granted - Held, when Supreme Court or High Court or Sessions Judge grants interim anticipatory bail and the matter is pending before that Court, there can be no occasion for the accused to..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Injunction order - Disobedience - Petitioner in Court made statement that petitioner would not mortgage, sell or destroy property in dispute - Petitioner on basis of agreement to sell of even date, executed sale deed by flouting undertaking given before Civil Court - Appellate Court while commenting upon nature of..........
