Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - High Court while dismissing petition u/s 482 Cr.P.C., has no power to direct investigating agency not to arrest accused during investigation - Said direction amounts to an order u/s 438 Cr.P.C., albeit without satisfaction of conditions of said provision, which is legally unacceptable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3(a) -- Ex parte interim injunction - Non compliance of provision of O.39.R.3(a) CPC as directed - Second application filed and Court granted interim injunction for the second time - Held, second application is not maintainable unless and until plaintiff complied with the previous order - Impugned order set aside - However,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Appeal - Against an order granting ex parte interim injunction for the second time - Appeal is maintainable, particularly when ex parte interim injunction granted by Court entertaining second application itself is erroneous, as provision of O.39.R.3(a) CPC not complied...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - An order u/s 156(3) Cr.P.C. can be passed even in those cases which are exclusively triable by Court of Sessions...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 354, 341, 323, 294, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section (1)(x)(xi) -- Discharge u/s 354 IPC and S.3(1)(x)(xi) of 1989 Act - It is apparent from FIR that opposite party Nos.2 & 3 intentionally insulted and intimidated petitioner with intention to..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Maintainability - Order refusing to condone delay in filing first appeal and dismissal of appeal by First Appellate Court - Amounts to decree and second appeal from such decree will lie u/s 100 CPC...........
Civil Procedure Code, 1908, Section 96 -- First Appeal - Ex-parte decree - Plea of no, service of notice of suit - Appellate Court cannot proceed on basis that summons was admittedly served on defendant - This plainly is contrary to pleadings and there is no possible justification of the same - Order of First Appellate Court in dismissing appeal set aside - Matter remitted..........
Civil Procedure Code, 1908, Section 151 -- Recalling of order - Lis cannot be successively brought back to life merely because litigant has right to file recalling application seeking restoration of his/her lis after each dismissal...........
Civil Procedure Code, 1908, Section 151 -- Recalling of order - Non-representation by advocate - In the instant case, advocate remained absent on one of the date due to dental pain and serious illness - However, there is no explanation given for no, representation on earlier dates - Even, it is evident that appellant is taking recourse of unacceptable tactics solely in..........
Criminal Procedure Code, 1973, Section 482 -- Cognizance - Quashing of order - At the stage at which case was poised for consideration, it was beyond the jurisdiction of High Court to quash the proceedings as the same is in excess of jurisdiction - Order of High Court set aside - Proceedings against accused directed to be continued from the stage where the same was..........
