Civil Procedure Code, 1908, Order 37, Rule 4 -- Summary suit for recovery - Setting aside decree - Trial Court failed to enumerate even a single special circumstance which is so grave, exceptional or extraordinary in nature that it warrants the setting aside of decree - Decree was not made ex-parte - Grounds like summary suit was not filed in proper form and no original..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Final report filed u/s 173 Cr.P.C. - Question as to whether it is a complete report or not - Court while refusing bail to applicants, has applied its mind to all relevant facts and circumstances and has exercised its discretion in accordance with law - No interference warranted in the impugned order of..........
Civil Procedure Code, 1908, Order 39, 2A -- Interim injunction - Disobedience - Provision of O.39.R.2-A CPC is penal in nature and disobedience mast be proved like a charge in criminal case - Mere allegation of disobedience is not sufficient - Standard of proof required for violation of disregard of an injunction order is that of a criminal case, since the said act of a..........
Civil Procedure Code, 1908, Order 39, 2A -- Interim injunction - Disobedience - Prima facie no case is made out against defendants to the subjective satisfaction of Court that defendants deliberately and willfully mentioned the alleged MoU in the petition to vacate interim stay and thereby violating the order of interim injunction granted by Court regarding restraining..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Maintainability - Dismissal of SLP by Supreme Court by a no, speaking order without any contest by other side at the stage of admission - Not a bar for maintainability of review petition in High Court...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Proposed amendment to incorporate the fact in respect of proceedings u/s 145 Cr.P.C. - Rejected on the ground that criminal proceedings has no relevance in the present dispute - Amendment sought will not cause any prejudice to the plaintiffs - While declining amendment there is no finding that..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Offence u/ss 4, 6 of Indecent Representation of Women (Prohibition) Act - Petitioner arrayed as accused No.2 in capacity of printer and publisher of obscene magazine in question - However, the name of printer and publisher mentioned in magazine not ascertained - Whether the publisher is a firm..........
Criminal Procedure Code, 1973, Section 217, Indian Penal Code, 1860, Section 376 -- Alteration of charge - Recall of witness - Dismissal of application on ground that there is no necessity or relevance to re-examine without a finding that application is filed for the purpose of vexation or delay or for defeating the ends of justice, does not stand the test of judicial..........
Civil Procedure Code, 1908, Order 22, Rule 4(4) -- L.R's - Impleading L.R's of defendant who was proceeded ex parte - Court can grant exemption from necessity of substituting L.Rs of any such defendant who failed to file written statement or who having filed it but has failed to appear before Court in order to contest the suit...........
Criminal Procedure Code, 1973, Section 397, 398, 203, 204 -- Revisional jurisdiction - Offence u/ss 294, 354 & 506 - Revisional court is not competent to pass an order of summoning accused while disposing of revision petition preferred by complainant whose complaint has been dismissed by trial court after recording preliminary evidence and finding that there is no..........
