Court Fees Act, 1870, Section 7(iv)(c), Civil Procedure Code, 1908, Order 7, Rule 11 -- Court fee - Earlier decree passed by Court of competent jurisdiction in favour of petitioners - In spite of said decree defendants forcibly dispossessed plaintiffs, which became compulsive necessity of plaintiffs to file suit for possession on basis of title - Petitioners were not..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - No dispute that parties are co-owner/co-sharer - Only partition of property can resolve dispute - Injunction granted in favour of plaintiff is only to protect his possession till competent Court passes an order of partition and thereafter orders delivery of possession - Petition dismissed...........
Civil Procedure Code, 1908, Order 41, Rule 27, 23, 23A -- Remand of case while allowing production of additional evidence - District Court in its discretionary power was justified in giving opportunity to defendant to adduce additional evidence in peculiar facts and circumstances of case, particularly when he has no fault on his part - High Court committed error in setting..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Non-framing of substantial question of law - Contentious issue particularly with regard to authenticity of Mutation entry and question as to whether there was a complete or partial redemption of mortgage property did raise substantial questions of law which required High Court to frame appropriate..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 403, 409, 464 -- Quashing of proceedings - Offence u/ss 420, 403, 409, 464 IPC - Findings of inquiry clearly indicate that large volume of material facts surrounded by lodging of FIR and its authenticity needs to be investigated and truth unravelled - High Court cannot interdict criminal..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Closure of evidence of defendant - Where defendant failed to challenge order closing evidence, he cannot be permitted to lead additional evidence...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of summoning order - Cruelty - Dowry demand - Contention raised by applicants relate to disputed question of fact - Court has to eschew itself from embarking upon roving enquiry into last details of case - Perusal of complaint..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 32 -- Execution - Police protection - Decree for permanent injunction - Police protection allowed by executing Court - Order set aside by High Court - Application not liable to be dismissed merely for the reason that it was filed u/s 151 CPC and not U.O.21.R.32 CPC - Order allowing police protection cannot be set..........
Criminal Procedure Code, 1973, Section 386(a), (b) -- Powers of appellate Court - Where appellate Court is not satisfied with impugned order passed by trial Court, it can deal with appeal in accordance with law - Remanding of case back to trial Court for deciding afresh is in contravention of provision of S.386 Cr.P.C...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Application U.O.39.R.2-A CPC - Forum to move an application - Court where main proceeding is pending deals with an application U.O.39.R.2-A CPC - Similarly, appellate Court (if the appeal suit is pending on its file) shall deal with an application alleging violation of injunction in respect of an interim order passed in..........
