Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Implementation - Police aid - Police officers are duty bound to enforce the order of interim injunction of Court and give protection and assistance to petitioner who obtained such order in his favour and sought such protection by making a complaint...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Certified copy thereof - Uploading of FIR on website - Necessary directions issued: (i) The accused is entitled to get a copy of First Information report at an earlier stage as prescribed u/s 207 Cr.P.C. (ii) An accused who has reasons to suspect that he has been roped in a criminal case and his name may be finding place..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Unmarried major daughter - Only major daughters whether Hindu, Mohammedan, Parsi or Christian wherever their rights are recognized under any other personal law or statute for the time being in force, are entitled for maintenance at the hands of their father or anybody till they get married - If they are unable to..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Recall of consent order - During pendency of appeal against eviction order, consent order passed whereunder tenant was to vacate after 15 months - Conduct of tenant's Advocate was not fraudulent as consent order was beneficial to tenant giving him additional 15 months stay in the tenanted premises and it cannot..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1 -- Interim injunction - Appeal - Trial Court committed error by granting ex-parte interim injunction, that too without inviting objections from defendant - Moreover, Court also did not observe three conditions, i.e prima facie case, balance of convenience and irreparable loss and..........
Civil Procedure Code, 1908, Order 33, Rule 6 -- Permission to sue as an indigent person - Notice to defendant - Impugned order by which plaintiff was declared as an indigent person without notice to defendant was patently illegal and same set aside...........
Civil Procedure Code, 1908, Order 33, Rule 1A, 3, 4, 5 -- Indigent person - Question of indigency - O.33.R.1A CPC, provides that at the first instance, inquiry has to be made by chief ministerial officer of Court - Observation made by Court below that question of indigency is only decided by executive authority and not by Court is patently erroneous - Impugned order set..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Denial of marriage and disowning children - Documents on record show that opposite party introduced himself as father in different institutions including bank account - Certificate of date of birth duly issued by Govt. Officers of both children have been brought on record - Domicile..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302 -- Anticipatory bail - Double murder - Election dispute - Session judge rejected anticipatory bail filed by accused - However, High Court without appreciating nature of offence and gravity of accusations against accused persons, enlarged them on anticipatory bail - High Court ought not to have..........
Civil Procedure Code, 1908, Section 2(9) -- Judgment - Meaning - Statement given by the Judge of the grounds for a decree or order - Judgment should be self contained document from which it should appear as to what were the facts of case and what was the controversy which was tried to be settled by Court and in what manner...........
