Specific Relief Act, 1963, Section 38, 39, Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for perpetual and mandatory injunction - Framing of suit was not an issue before trial Court and first appellate Court - Non-suiting plaintiff by High Court on that ground is unsustainable - High Court ought to have accepted plaintiff's case by appreciating documents..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 54 -- Execution - Objections - Attachment of property - Petitioner No.1/JD died after decree was passed jointly against her and petitioner No.2 - LRs of petitioner No.1 were not added to execution petition - LRs of petitioner No.1 are proper and necessary parties - Executing Court erred in passing impugned order of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 120B -- Bail - Cheating - Allegation that respondents/accused persons for their own benefit tried to compromise the sanctity of competitive examination - Let the accused persons stand trial and let it be established by process of law that accused have indeed not committed any crime..........
Criminal Procedure Code, 1973, Section 273 -- Personal attendance of accused - Permission to attend trial through video conferencing - Non-appearance of accused may be attributed to various reasons, such as need to maintain law and order, transportation difficulties from jail to Court, unavailability of police escort team or other logistical constraints - Six years have..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance and cancellation of sale deed - Daughter and son of defendant no.1 sought their impleadment in the suit - Sale deed and agreement to sell was executed by defendant no.1 and he is still alive - Trial Court committed error by impleading applicants - Order allowing..........
Civil Procedure Code, 1908, Order 18, Rule 3, 4 -- Recording of evidence through video conferencing - Matrimonial dispute - Wife is residing in USA and because of her nature of job, she was unable to come to India for her evidence - Dismissal of application without giving any reasons - Impugned order set aside - Application allowed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance, permanent injunction and cancellation of sale deed - Sale deed as well as agreement to sell was executed by defendant No.1 who is still alive - Impleadment of son and daughter of defendant No.1 as party defendants by trial Court is erroneous - Order allowing application..........
Criminal Procedure Code, 1973, Section 482 -- Application for permission to go abroad dismissed - Issuance of lookout circular - Quashing of order - Petitioner has been granted interim protection from arrest - Case is related to matrimonial dispute - Investigation can still take some time to complete and thereafter trial shall also take considerable time which may stretch..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of accused - High Court in exercise of its revisional jurisdiction set aside the order of the Trial Court rejecting the second application under Section 319 of the CrPC and directed the Trial Court to reconsider the application under Section 319 - Court was conscious that the trial had concluded, yet to do substantial..........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Proclamation issued by trial Court without recording reasons of its belief that petitioner has absconded or is concealing himself - Court is first required to record its satisfaction before issuance of process u/s 82 Cr.P.C - Non-recording of satisfaction itself makes such order suffering from incurable..........
