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..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Restraining defendants from interfering with the possession and using tubewell in land till the same is partitioned - No evidence on record that plaintiffs are in exclusive possession of entire property - Although tubewell is in the name of mother of plaintiffs but it was admitted that..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4, 5 -- Impleadment of a person on the basis of Will - Determination of legal representative U.O.22.Rr.3,4 & 5 does not in any way affects the right of any person to get his status as heir/representative or as successor of deceased - Nor it operate as res judicata in any future proceedings - Order of substitution is not an..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - It is not necessary for a person to first apply U.O.9.R.13 CPC for setting aside ex parte decree - He has both options either to file an appeal or review or an application for setting aside ex-parte decree - It is open to defendant who filed an appeal against ex-parte decree u/s 96(2) CPC to..........
Civil Procedure Code, 1908, Section 105, Order 9, Rule 4 -- Ex parte order - Setting aside - In case of filing an appeal against ex parte order, appellant can also challenge the other interlocutory orders passed during pendency of trial of suit...........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Ex parte order - Setting aside - Mere fact that defendant absented himself on the date of hearing and suit proceeded ex parte does not by itself entitle plaintiff to get a decree in his favour - Court has to see whether by any evidence available on record plaintiff has been able to prove his case or not - Even in ex parte..........
Civil Procedure Code, 1908, Section 96(2), Order 9, Rule 4 -- Ex parte order - Setting aside - Court proceeded ex-parte against defendants and in all attempt by defendants to file written statement alongwith application was disallowed by trial court and defendants were also prevented from even cross examining the witnesses - Application to set aside ex parte order was also..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleadment of transferee pendente lite - Impleadment sought as plaintiff being bona fide purchaser - Transferee pendente lite is a necessary and proper party and should be impleaded - Order allowing impleadment, upheld...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Both parties claiming to be owner in possession of suit property - Ownership and possession a disputed question of fact - Question of fact can only be decided after parties lead their evidence - Order of status quo, upheld...........
Prevention of Food Adulteration Act, 1954, Section 7, 16, Criminal Procedure Code, 1973, Section 433 -- Adulteration of milk - Commutation of sentence - Incident took place more than 18 years back - Petitioner did suffer mental agony which is more than conviction - Petitioner is not a habitual offender - Sentence of 6 months S.I commuted to fine of Rs.6000/- - Order..........
