Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for injunction - Plea that plaintiff should have sought for relief of declaration of order dated 15.02.2023 as null and void and only then a relief of injunction could have been granted - Injunction is granted to a title holder having prima facie case and for grant of injunction, a relief for..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court has not dealt the second appeal in accordance with law and has failed to consider the relevant vital issues affecting the rights of parties to litigation - Judgment and order passed by High Court set aside - Matter remitted back to High Court for fresh consideration of second appeal in accordance with..........
Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence, during pendency of appeal, with condition to deposit 20% of compensation amount - Petitioner is a woman suffering from ill-health since the onset of COVID-19 pandemic and is unable to procure 20% of cheque amount which is..........
Criminal Procedure Code, 1973, Section 198, 2(d) -- Cognizance of offence - Offence punishable under Chapter XX IPC - No complaint was made in the case - Charge sheet itself is not maintainable - Cognizance order on basis of charge sheet is thus, vitiated - Impugned order to the extent that while summoning of applicants, Court treated the charge sheet as a complaint case..........
Criminal Procedure Code, 1973, Section 482 -- Summoning of accused - Trial Court while summoning accused has only referred to recording of statements of witnesses and has not chosen to comment on the substance of said statements while summoning the accused - Order of summoning of accused set aside...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issue - Application filed after the entire witness action of plaintiff is concluded - If plaintiff succeeds in proving his principal issue there is absolutely no need and necessity for framing of additional issue which is sought to be framed after the trial has commenced - Plaintiff has analyzed and..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302 -- Anticipatory bail - Setting aside order - Murder - Specific averments in FIR against all accused persons including respondents that all of them had set deceased on fire with an intention to kill him - High Court has erred in granting relief in a cryptic and mechanical manner without..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - First appellate Court has allowed the application U.O.41.R.27 CPC in a perfunctory manner, bereft of reasons as to why application has been allowed at appellate stage - Order allowing application set aside...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Once plaintiff is not owner of entire suit property mentioned in amended plaint, whether suit at his behest for said land is itself was maintainable or not would be a debatable question - Appeal is already pending against order rejecting ad interim injunction - Status quo order passed till appeal is..........
Criminal Procedure Code, 1973, Section 439(1A), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 15A(3) -- Bail - Non-impleadment of victim - Offence u/ss 363, 376-DA, 323, 506, 392 IPC and Ss.5(g), 6 of POCSO Act and Ss.3(2), 5(A) of SC/ST Act - Victim not impleaded as party in the bail proceedings - There is thus, gross violation of..........
