Civil Procedure Code, 1908, Order 39, Rule 11(2), (As -(As applicable in State of Maharashtra) - Defence struck off on ground of breach of injunction by defendant - Restoration of defence - Violation of ad interim injunction - Defendant executed sale deed in violation of ad interim injunction order - Said sale deed is not cancelled - Defendant received part consideration..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Trial in respect of other accused had already been concluded in the year 2016 and now trial Court is waiting for decision of revision petition - Trial Court took cognizance against petitioners relying upon testimony of complainant and his father - However, there are serious contradictions in..........
Indian Penal Code, 1860, Section 467, 468, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 467, 468 IPC - There is no allegation of impersonation by any accused person while executing the sale deed in question - No one has forged signature of complainant or anybody else - Sale deed in question is genuine and not a forged document - Whether it conveys title to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo order - Once suit for permanent injunction was decreed, defendants had been restrained from interfering in the possession of plaintiffs, operation of judgment decree rightly not stayed - However, once first appeal was under consideration of Court, proper way to deal with the matter was to pass an order directing..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - When scope of second appeal is limited to examining of order of Appellate Tribunal declining condonation of delay, High Court ought not to have commented upon merits of the case, particularly when merits of case was not touched upon by Appellate Tribunal...........
Criminal Procedure Code, 1973, Section 41A, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 35 -- Notice u/s 41-A Cr.P.C - Mode of service - Directions issued: (i) All the States/UTs must issue a Standing Order to their respective Police machinery to issue notices u/s 41-A Cr.P.C/S.35 BNSS only through the mode of service as prescribed under Cr.P.C/BNSS - Service of..........
Criminal Procedure Code, 1973, Section 362 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.403) - Review - Modification of order of refusal of bail - S.362 Cr.P.C which prohibits modification of a judgment of final order will not be applicable in an order for refusal of bail...........
Civil Procedure Code, 1908, Section 92, Order 1, Rule 10 -- Impleadment of a party - Suit filed u/s 92 CPC - Trial Court allowed the application simply on the basis of no objection having been given by plaintiffs and did not apply its own mind - Whether applicants were necessary or proper parties was not seen - It was not considered that they were strangers to lis as also..........
Criminal Procedure Code, 1973, Section 82, 83 -- Attachment of property of accused - Arrest warrants were issued against petitioner for securing his presence before trial Court, but report of process server indicates that standing warrants issued against him were never served or executed upon him, as he was not residing at the place where these warrants were sent -..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court cannot pass any interim order without framing substantial question of law ...........
