Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Mandatory order - Court is within its powers to pass an order which would make the grant of temporary injunction meaningful...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of advocate commissioner - Commissioner can be appointed before issues are framed or evidence is led - Contention that order appointing a Commissioner before evidence is led is premature, held, untenable...........
Indian Penal Code, 1860, Section 201, Criminal Procedure Code, 1973, Section 482 -- Order framing charge u/s 201 IPC - Sufficient material to indicate that applicants had some knowledge as well as reason to believe commission of offence - It was therefore their duty to furnish this information to authorities - However, whether applicants did so or not or whether they did..........
Criminal Procedure Code, 1973, Section 432, 433A -- Life convict - Pre-mature release - Petitioner already undergone more than 10 years and five months of actual sentence of imprisonment and about 14 years after adding remissions - Case of petitioner falls squarely under instructions issued by Governor of Punjab for pre mature release - Merely because appeal against..........
Civil Procedure Code, 1908, Section 11, Order 9, Rule 8 -- Res judicata - Partition suit - Dismissal in default - Order of dismissal for non appearance of plaintiff in earlier suit does not operate as res judicata in subsequent suit...........
Criminal Procedure Code, 1973, Section 362, Indian Penal Code, 1860, Section 420, 120B, Partnership Act, 1932, Section 70 -- Recall of proceedings dropped in the light of settlement between parties - Applicant neither a complainant nor an accused therein - Recall of order amounts to review which is not permissible - Petition dismissed...........
Criminal Procedure Code, 1973, Section 399, 401 -- Revision - Even if revisional order is found to be laconic, it is not desirable to upset the same by remanding the matter back to revisional Court particularly when remand order would not serve any fruitful purpose for securing ends of justice...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Grant of sanction u/s 197 Cr.P.C. can be assailed by accused by taking recourse to judicial review - Likewise, order declining sanction, can similarly be assailed by complainant or the prosecution...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Grant of sanction u/s 197 Cr.P.C. can be assailed by accused by taking recourse to judicial review - Likewise, order declining sanction, can similarly be assailed by complainant or the prosecution...........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance to daughter - Awarded from date of application - Express order is necessary - However, no special reasons are required to be recorded by Court as no such requirement can be read in S.125(1) Cr.P.C. in absence of express provision to that effect...........
