Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Violation of decree has to be proved by DH for attracting action in execution of judgment and decree U.O.21.R.32 CPC - Even if, there is no violation of decree as on date in terms of specific instance, that itself will not preclude DH from taking action in terms of O.21.R.32 CPC at a subsequent stage, when such..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Injunction decree - Violation of decree - Plaintiff not specified any particular incident with reference to date, time and manner of occurrence in the petition - Cause of action for filing petition U.O.21.R.32 CPC cannot be advanced - Merely because defendant stated in his cross-examination that he was not bound..........
Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 22, Rule 4 -- Withdrawal of suit - Sole defendant - Suit filed against a dead person - Suit is a nullity - Substitution of his L.R's cannot be permitted - Trial Court by exercising its power allowed the withdrawal of suit as it was inhibited with `formal defect' - Held, order cannot be faulted..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining Municipal Corporation from demolition of suit structure - Plaintiff produced documentary evidence to prove authenticity of structure - However, trial Court did not properly consider documents produced on record and refused to grant injunction on the ground that plaintiff has no locus..........
Civil Procedure Code, 1908, Order 37, Rule 2 -- Summary suit for recovery - Dishonour of cheque - Non-appearance of defendant within 10 days despite being served with summons - Allegations in plaint are deemed to be admitted and plaintiff is entitled to a decree for a sum not exceeding the sum mentioned in summons - However, trial Court erroneously while treating the suit..........
Criminal Procedure Code, 1973, Section 156(3), 200, Indian Penal Code, 1860, Section 441 -- Complaint - Criminal trespass - Complainant not able to show prima facie possession on the property - Civil dispute given colour of criminal case - Complaint dismissed by holding that prima face case not made out even for conducting examination u/s 200 Cr.P.C. - Order of dismissal..........
H.P.Urban Rent Control Act, 1987,, Section 14, Civil Procedure Code, 1908, Order 1, Rule 9,10 -- Rent and eviction - All the co-owners in an eviction petition seeking eviction on the ground of reconstruction of building are necessary party - In case one co-owner is allowed to raise construction without consent of other co-owners by way of judicial order then legal rights..........
Criminal Procedure Code, 1973, Section 190, Indian Penal Code, 1860, Section 302 -- Order taking cognizance - Murder - Negative final report - Protest petition filed - Statement u/s 161 Cr.P.C. discloses allegations against accused - PWs did not deviate from their previous version given to Police - Even if negative final report was filed by police, at this stage Magistrate..........
Indian Penal Code, 1860, Section 323, 504, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Criminal Procedure Code, 1973, Section 468 -- Order taking cognizance - Bar of limitation - Order specifically mentioned that delay in lodging FIR has been explained - Moreover, offence u/s 3(1)(x) of SC/ST Act, punishable with..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Predecessor-i, interest of plaintiffs purchased half of suit property from predecessors-i, interest of defendants by way of registered sale deed and remaining suit land was obtained by way of exchange - Sale deed in question is proved on record - Plaintiff thus became the owner of..........
