Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Second appeal decided on the assumption that suit is for grant of permanent injunction simpliciter - However, reading of the plaint as a whole shows that issue of title is not wholly foreign to the controversy and is relevant while considering the grant of permanent injunction -..........
Civil Procedure Code, 1908, Section 115(3)(as -- Revision - Irreparable loss - Mere inconvenience to a party by not consolidating the suit, would not fall within the ambit of irreparable loss - Revisional Court over looked the restriction placed upon it u/s 115(3) CPC by interfering the order rejecting consolidation of suits by Trial Court - Impugned order of allowing..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Impermissibility - Under review jurisdiction Court has plenary power to correct any apparent error or mistake in respect of order passed by it - Rehearing of matter on merits and reappreciation of arguments raised by parties in original order is impermissible - Moreover, litigants cannot invoke review jurisdiction as..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 504, 506 -- Offence u/ss 323, 504, 506 IPC - Quashing of summoning order - Accused assaulted complainant with legs and shoes and threatened him that if he makes any complaint to police he will be killed - Magistrate after recording evidence of complainant and witnesses and after hearing..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60(3), 63, Criminal Procedure Code, 1973, Section 451 -- Confiscation of vehicle - There is no provision under the Act, which empowers trial Court to make an order for granting interim custody of conveyance confiscated under the Act pending trial - However, Court can invoke general provision of S.451 Cr.P.C. for..........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Late production of documents - Documents not filed alongwith written statement - Allowed to be filed after closure of evidence by defendant - Documents were certified copies of judgment and decree passed by Civil Court in previously instituted suit between the same parties which are per se admissible in evidence and same..........
Civil Procedure Code, 1908, Order 11, Rule 14 -- Production of documents - Court has power to order production of document in the possession or power of any party, at any time during the pendency of a suit, upon oath, which relates to any matter in question in such suit, as the Court thinks right and deal with the document as appears just...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Eviction petition - First Appellate Court found on admission that there was landlord-tenant relationship - After entering such a finding, eviction was ordered only on the ground of arrears of rent - There is no dispute on these facts - Concurrent findings as regarding right to sell the property by father of first..........
Criminal Procedure Code, 1973, Section 156(3), 190, Prevention of Corruption Act, 1988, Section 19, 13 -- Investigation - Private complaint - Offence u/s 13 Prevention of Corruption Act - Without prior sanction as required u/s 19(1) of Prevention of Corruption Act, Magistrate cannot entertain compliant and proceed with the same - Impugned order directing police to..........
Criminal Procedure Code, 1973, Section 156(3) -- Investigation - Magistrate cannot order police to investigate once Magistrate takes cognizance of the offence on complaint case...........
