Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining appellant from interfering peaceful possession and enjoyment of `A' schedule property - Plaintiff failed to show any semblance of evidence that he is in possession of `A' schedule property - Even on the contrary, plaintiff suffered adverse findings in this regard in his earlier..........
Criminal Procedure Code, 1973, Section 227, 329, 330, Protection of Children from Sexual Offences Act, 2002, Section 8 -- Discharge - Offence u/s 8 of POCSO Act - Plea of mental retardation - Where accused placed on record prima facie documents to show that he was mentally retarded, it was bounden duty of Court to conduct an inquiry u/s 329 Cr.P.C. - However, procedure..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Disobedience of injunction decree - Decree holder has alternative remedy U.O.21 CPC - Application dismissed - Order upheld...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Written statement was filed by authorized signatory - Resolution authorizing defendant to file written statement could not be placed on record - In order to avoid technical objection, placing on record the resolutions by way of additional evidence does not tantamount to withdrawing of admission for filing up..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Suit for declaration between two government corporations - Plaint rejected by High Court on the ground that permission from Committee on Disputes (COD) was not obtained before institution of suit - However, absence of such permission was not a fatal defect, as filing of suit without permission is..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 43, Rule 1(t) -- Condonation of delay - Dismissal of application - Appeal against - First appeal U.O.43.R.1(t) CPC, is not maintainable against such order...........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Proof beyond pleadings - Not to be permitted - It cannot be said that question of relevance of evidence cannot be decided at the time of adducing evidence - It is an obligation of the Court not to permit a party to adduce irrelevant evidence or evidence beyond pleadings in order to avoid wastage of time, energy and effort of..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Abatement of appeal - Defendant died during pendency of first appeal - First appeal abated due to no, filing of application U.O.22.R.4 CPC within time limit - Filing of second appeal against order of abatement without taking steps U.O.22.R.9(2) CPC, not maintainable...........
Criminal Procedure Code, 1973, Section 91, Indian Penal Code, 1860, Section 403, 406, 420, 120B -- Summons to produce documents - Offence u/ss 403, 406, 420, 120-B IPC - Case is at the pre-charge stage - Application u/s 91 Cr.P.C filed and heard in casual manner, as no list of witnesses was furnished and no summons have been issued for the purpose of summoning the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Nuisance - Feeding of birds, by neighbourer, by placing a tray below balcony window - On account of said feeding from metal tray, a large number of birds frequent said tray causing nuisance to plaintiff on account of bird droppings as well as filth created by birds - A person cannot use his premises..........
