Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Power of appellate Court - When High Court provides cogent reason showing that order of acquittal was perverse and not based on proper appreciation of evidence - Interference by High Court is proper...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Breach of injunction - Innocence - A party proceeded against for violation of injunction can prove his innocence by proving that (a) the order was not within knowledge, or (b) the order was ambiguous and was reasonably capable of more than one interpretation or (c) that in fact he did not intend to disobey the order, but..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Breach of injunction - Transferee pendente lite - Sale after passing of order of status quo - Vendee not a party to the suit - An application for impleading vendee as a party to the suit was disallowed - There was no order against vendee - Vendee could not be said to have disobeyed the status quo order and further he cannot..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, 251 -- Dishonour of cheque - Quashing - Quashing of complaint and summoning order - Notice u/s 251 CrPC not yet framed - Petitioner has alternate and efficacious remedy available to urge pleas before trial court during framing of notice u/s 251 CrPC - Inherent powers u/s 482 CrPCnot..........
Civil Procedure Code, 1908, Order 7, Rule 14, Civil Procedure Code, 1908, Order 13, Rule 1, 2, 3, 7 -- Production and marking of documents - Law as to - (1) A list of documents should be filed along with the plaint or written statement and if the parties want to file document subsequently, they have to take leave of the Court; (2) The documents, which are marked, does not..........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Order of detention - Though provision exists for detention of a person for violating decree of injunction but that power has to be exercised cautiously and in rarest of rare case only after recording a finding justifying such order of arrest - In the instant case as trial Court had not taken into consideration..........
Civil Procedure Code, 1908, Order 11, Rule 14 -- Production of documents - Court can order any party to produce documents which are in his possession or power, relating to matter in question, at any time - Consequences for non compliance are set forth U.O.11.R.21 CPC - Power extends to dismiss the suit for want of prosecution or if it is a case of defendant to struck off..........
Civil Procedure Code, 1908, Order 11, Rule 14, 16 -- Production of documents - No order for production of documents - Other party was merely responding to a notice to produce some documents - Held, non production of documents shall only be making the Court to draw an adverse inference for non production...........
Criminal Procedure Code, 1973, Section 311 -- Court witness - Expert opinion of Radiologist - Doubtful - It is thus imperative to clear the doubts by examining experts as Court witnesses by invoking S.311 Cr.P.C. - Order accordingly...........
Civil Procedure Code, 1908, Section 34 -- Interest - Deposit of plaint claim in Court - Such a deposit can never be treated as deposit of money in terms of O.21.R.1 CPC - Such deposit is only in order to avoid an order of attachment before judgment - Plaintiff is entitled to interest from date of suit till realisation...........
