Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Two civil suits i.e suit for permanent injunction and suit for mandatory injunction were filed on same cause of action - Though earlier suit was withdrawn, whereas, no liberty was sought to file fresh suit - Application U.O.23.R.1 CPC was filed thereafter, but withdrawn subsequently - Application for..........
Probation of Offenders Act, 1958, Section 4, Criminal Procedure Code, 1973, Section 360 -- Release of offender - Legality of order - Before releasing accused on probation, Court required to get and consider report of probation officer concerned - Considering the nature and character, present case is not a fit case u/s 360 Cr.P.C. - More so, subsequent release on probation..........
Civil Procedure Code, 1908, Section 11 -- Explanation IV - Constructive res judicata - Execution proceedings - No objection filed as to executability of decree before passing of order U.O.21.R.23 CPC - Objection filed subsequently deemed to be barred by principle of constructive res judicata...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3 -- Ad interim injunction - Notice - Issuance of notice is a rule and grant of an ex parte injunction order an exception - Wherever Court chooses to follow exception, it has to necessarily comply with the mandatory requirement of recording reasons for its option that object of granting injunction would be defeated by delay...........
Protection of Children from Sexual Offences Act, 2012, Section 7, 8, 33(8), Protection of Children from Sexual Offences Rules, 2012, Rule 7, Criminal Procedure Code, 1973, Section 357A -- Sexual assault - Directive issued that Special Court upon receipt of information as to commission of any offence under Act by registration of FIR shall on his own or on application of..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Appointment without notice to opposite party - Though O.26.R.9 CPC per se does not envisage notice to opposite party, but order containing unilateral direction without notice to opposite party is unusual and contrary to convention and practice - Moreover, Court shall not appoint Commissioner as a matter..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - Where ex parte ad interim injunction is granted, opposite party against whom an order of injunction is passed is required to be served with the copy of order along with other relevant documents on same day or next day and plaintiff has to file such an affidavit of compliance in the Court...........
Civil Procedure Code, 1908, Order 44, Rule 1 -- Appeal by indigent person - Lower appellate Court while dismissing application for seeking permission to file appeal as pauper, neither report of Collector taken into consideration nor provision of O.33.R.1 CPC considered - Petitioner is very poor having no house to live in and residing in rented accommodation as per report..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Power of Magistrate to permit police to further investigate the case - It is an independent power and exercise of said power shall not amount to varying, modifying or cancelling the earlier order of Magistrate on the report of police, notwithstanding the fact whether said earlier order is a judicial..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal in default - Absence of complainant and his counsel on one or two occasions - Not a ground to dismiss complaint or to discharge accused in a routine, casual and cavalier fashion - Acid test would be as to whether there is a bonafide reason on the..........
