Civil Procedure Code, 1908, Order 41, Rule 5, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Stay of injunction order - Ad interim injunction order was passed against subsequent purchaser/applicant, as defendant/vendor sold the agreed property to him - It is evident that applicant would be parting with right, title and possession of a part of suit property by creating..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Question whether there has been an abandonment of claim by withdrawal of suit is a mixed question of law and fact - Language of order for withdrawal is not always determinative - Background facts necessarily have to be examined for a proper and just decision...........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance - Enhancement - Maintenance enhanced by Revisional Court - Order implies that enhanced maintenance is payable from the date of order passed by Judicial Magistrate on the application for enhancement of maintenance...........
Civil Procedure Code, 1908, Order 21, Rule 89, 92 -- Auction sale - Confirmation of sale - Closure of execution petition - Remedy available to J.D. U.O.21.Rr.89, 92(2) CPC not availed by him before execution Court in time - Defendant thus, has no right or whatsoever to question Court auction sale which was held in the year 2002 itself - Moreover, sale certificate is issued..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of party - Writ petition filed that proceedings under Urban Land (Ceiling and Regulation) Act stood abated - Impleadment of authority for whose benefit land was acquired was necessary - In the absence of impleadment of such authority writ petition itself was not maintainable - Impugned order set aside - Matter..........
Criminal Procedure Code, 1973, Section 397, 401, 319 -- Revision - Dismissal of application u/s 319 Cr.P.C.- Revisional Court while remanding the matter back to trial Court exceeded its jurisdiction by issuing directions to trial Court to take cognizance against petitioners - As a matter of fact, if revisional Court found the order of trial Court laconic, it ought to have..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 354, 452, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi) -- Anticipatory bail - Offence u/ss 323, 354, 452 IPC and S.3(1)(xi) of SCST Act - Accused in order to outrage the modesty of Scheduled caste woman entered into her house and caught hold of..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Interim injunction - Willful disobedience - Power of Civil Court U.O.39.R.2-A CPC is in the nature of contempt of Court to the extent of violation of its own orders U.O.39.Rr.1, 2 CPC - However, Court in exercise of powers U.O.39.R.2-A CPC cannot adjudicate contempt or violation of undertaking but is concerned with..........
Criminal Procedure Code, 1973, Section 41 -- Arrest - Non-cognizable offence - Validity - Admittedly, neither warrant issued nor order passed by Magistrate permitting arrest - Hence, arrest of applicant by exercising power u/s 41 Cr.P.C. is completely illegal...........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance to wife - Default in payment - Court can enforce order of maintenance or interim maintenance only as provided u/s 125(3) Cr.P.C. and not by striking off contentions of husband - Striking off contentions of husband is neither a mode of enforcement nor a substitute for recovery - Impugned order of striking off..........
