Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 29 -- Bail - Recovery of 3.750 Kgs. opium - Inspector evidently made wrong entries of time while recording statement of accused u/s 67 of NDPS Act and preparing his arrest memo in order to project that statement was recorded while he was not in custody or under..........
Criminal Procedure Code, 1973, Section 145 -- Breach of peace - Object of S.145 Cr.P.C is to prevent breach of peace and for that end to provide speedy remedy by bringing the contesting parties before Court to ascertain who of them was in actual possession and also to maintain status quo until their rights are finally determined by a competent Court - This preliminary..........
Criminal Procedure Code, 1973, Section 145(4) -- Breach of peace - S.145 authorizes Magistrate to issue a declaratory order in favour of a party that he is entitled to possession until evicted therefrom in due course of law...........
Criminal Procedure Code, 1973, Section 146 -- Conditions to be satisfied for passing an order u/s 146 : (i) Magistrate can pass an order to attach the subject of dispute only after making an order u/s 145(1) Cr.P.C; (ii) he must consider the case to be one of emergency; (iii) he must be satisfied from materials that none of parties was in possession of disputed property as..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Rejection of application on the ground that advocate of applicant is not present and application remained pending for ten years - Impugned order is not only cursory and cryptic but also an unreasoned order - Reasons should be given on merits of case and not on no, germane issues - Impugned order set..........
Indian Penal Code, 1860, Section 406, Dowry Prohibition Act, 1961, Section 6, Criminal Procedure Code, 1973, Section 204 -- Criminal breach of trust - Entrustment of stridhan - Specific date of entrustment and specific date of demand not mentioned - Magistrate even failed to take any consideration of limitation and proposition of law - Summoning order quashed - Matter..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17, Hindu Marriage Act, 1955, Section 13 -- Ex parte decree of divorce - Setting aside - Service of summons through publication - Summons when received back with endorsement `unclaimed' Court without resorting to provision of O.5.R.17 which provides service by affixation resorted to..........
Civil Procedure Code, 1908, Order 21, Rule 32(1) -- Execution - Decree of injunction - Order of arrest - Provision of O.21.R.32(1) CPC is penal in nature and decree holder has to prove the existence of ingredients of the provision with cogent and convincing evidence - Executing Court however erroneously thrown burden on Judgment debtor completely - Order of arrest cannot..........
Civil Procedure Code, 1908, Order 39, Rule 4 -- Temporary injunction - Vacation of order - It is not open for High Court to give a finding on main issue relating to maintainability of suit and family settlement reached between the parties - Impugned judgment and order of High Court set aside and matter remitted back for fresh disposal...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Disobedience of ad interim order of injunction by a person who is not party to the suit - Held, disobedience by a person who is neither a party nor named in the order would operate against violation of order if Court is satisfied with material on record that person concerned had knowledge of the order of injunction...........
