Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining defendant from interfering in possession of plaintiff - Possession of plaintiff over land in dispute not proved - Permitting defendant to use the land in dispute for brick kiln prima facie proved - Plaintiff could not prove his prima facie case for grant of interim injunction - Balance..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Ad interim injunction - Ex parte - Grant of - An ex parte injunction order is an exception - General rule is that injunction order be passed only after notice to defendant - It is only in rare cases where Court finds that object of granting injunction would be defeated by delay, Court can grant ex parte injunction but that..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Ad interim injunction - Ex parte - Grant of - Granted after 40 days of filing of suit - Writ petition challenging order filed after 130 days - Clearly demonstrates that there was no grave urgency in granting ex parte injunction order...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Property in possession of Receiver u/s 146 Cr.P.C. - Civil Court is competent to grant injunction - Magistrate u/s 146 Cr.P.C. has power to attach the subject of dispute "until the competent Court determines the rights of parties thereto with regard to the person entitled to possession thereof" -..........
Criminal Procedure Code, 1973, Section 362 -- Court not to alter Judgment - When Court has signed its judgment or final order disposing of a case, it shall not be altered or reviewed, except to correct a clerical or arithmetical error...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High court cannot be precluded from reversing the order and judgment of lower appellate court if there is perversity in decision due to mis-appreciation of evidence - Even if both trial court and lower appellate court have given concurrent findings, there is no absolute ban on High Court in second appeal to..........
Criminal Procedure Code, 1973, Section 319 -- Faulty investigation - Additional evidence - Case registered against investigating officer for accepting huge bribe from accused to favour him - Some of material witnesses not examined during investigation - Material scientific evidence was kept away from court and some of witnesses were either improperly given up or resiled..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Complainant was regularly appearing before trial Court either personally or through his counsel right from date of institution of complaint, except the date on which complaint was dismissed - Trial Court has not recorded any..........
Civil Procedure Code, 1908, Section 153, Order 6, Rule 17 -- Pleadings - Amendment - Amendment of pleadings when cannot be allowed U.O.6.R.17 CPC cannot be allowed by invoking provision of S.153 CPC - S.153 CPC deals with general power of amendment - Procedure is one as contemplated U.O.6.R.17 CPC - When one thing is clearly prohibited by the Order, it cannot be said that..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Offence u/ss 409, 420, 467, 468, 471, 34 & 120-B IPC - Appellant pleaded that cognizance was taken without obtaining sanction for prosecution - Whether appellant fulfills the conditions mentioned in S.197(1) can be decided by leading evidence at the stage of trial - Moreover, it is not a part of duty..........
