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...........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Receiver - Ordinarily the function of Receiver comes to an end with the final decision of case - In the instant case High Court holding that Receiver shall be deemed to have been discharged after dismissal of first appeal by High Court, followed by dismissal of Special Leave Petition by Supreme Court - Held, there is no error..........
Civil Procedure Code, 1908, Section 20(c) -- Territorial jurisdiction - Suit for recovery of money based on contract - Cause of action arises in such a suit at the place where offer is accepted and if suit is based on termination of contract then cause of action arises at the place where such termination order is received - Offer of petitioner was accepted at place `P' and..........
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 41, Rule 17, 19 -- Restoration of appeal dismissed in default - Once the main case is restored to file by setting aside the order of dismissal, interlocutory applications, interim orders passed therein, which were in force at the time of dismissal of appeal, are automatically restored even in..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for declaration claiming right by way of easement - Dispute as to existence of passage in question - Record regarding said passage silent - Appointment of survey Commissioner is thus necessary for ascertainment of existence of said passage - Order for appointment of Commissioner, passed by trial..........
Indian Penal Code, 1860, Section 420, 465, 177, 181, Criminal Procedure Code, 1973, Section 245 -- Cheating and forgery - Discharge - Nowhere complainant or any of his two witnesses stated that accused knew that information that he was certifying to be correct was false or he had reason to believe that information was false - Some assertion on their part in this regard is..........
