Indian Penal Code, 1860, Section 498, 323, 504, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498, 323, 504 IPC - FIR is nothing but a concocted story of demand of dowry by making general and vague allegations against applicants - Final report was filed on the basis of compromise which indicates that articles, gold items and other goods belonging to dowry were..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Withdrawal of suit with liberty to file fresh suit - Formal defect - Application U.O.23.R.3 CPC is totally bereft of any details as to formal defect - It also does not enlist any sufficient ground for allowing plaintiff to institute a fresh suit - Order allowing application set aside - Suit restored...........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - An order of transfer should not be routinely passed just because an interested party had expressed apprehension about manner of hearing - Only in exceptional circumstances and only to provide credibility to judgment, power of transfer can be exercised...........
Criminal Procedure Code, 1973, Section 202 -- Issuance of process - Summoning of accused - Process issued without assigning any reasons - Summoning order is totally a non-speaking one - Summoning order quashed...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 99, 101 -- Execution - Objections - Allotment of plot - Petitioners are the persons who are likely to be effected by execution of order of allotment of plot passed by co-operative Court - They are required to be heard in the matter - Application allowed to the extent of permitting petitioners to join as party to..........
Civil Procedure Code, 1908, Section 96, 100 -- Appeal - Leave to file an appeal - A party to a suit adversely affected by a decree or any of his representatives-in-interest may file an appeal - But a person who is not a party to a decree or order may, with leave of Court, prefer an appeal from such decree or order if he is either bound by a decree or order or is aggrieved..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex-parte interim injunction - An ex-parte interim injunction order is passed only in case of grave urgency after considering principles governing grant or refusal of injunction and analyzing pleadings and documents on record, that too for a specified period - Court should also take an undertaking from plaintiff that if..........
Criminal Procedure Code, 1973, Section 173(8), Indian Penal Code, 1860, Section 498A, 323, 506 -- Further investigation - Offence u/ss 498-A, 323, 506 IPC - Application for further investigation filed by complainant after her chief examination was completed - There was no justification whatsoever for High Court to have directed further investigation into the case at such a..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo order - Parties directed to maintain status quo order regarding possession and record of site in question and further not to transfer, mortgage or alienate suit property - Meaning thereby, as there is an order of status quo, party whosoever was in possession of property on date of filing of suit shall remain in..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Suit filed in Commercial Court not maintainable - Order dismissing application filed U.O.7.R.10 CPC set aside - Matter remitted back to re-allot the case to any other regular court, in accordance with law...........
