Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 482 -- Criminal breach of trust - Complainant company supplied copper rods to accused company for processing - Accused failed to return entire quantity of copper rods to complainant - High Court at the threshold should not have quashed the complaint and summons - Impugned order set aside...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Police protection - Ad interim injunction granted - Police protection granted by trial Court but upset by Appellate Court on the ground that suit property is not identified by specific measurement - However, there are specific measurements and suit property is duly identified in the pleadings - Plaintiff is..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence u/ss 498-A, 323, 294, 494, 506 & 34 IPC and S.4 of Dowry Prohibition Act - Compromise - Matrimonial dispute between petitioner and informant amicably resolved and parties are now residing peacefully and leading a happy married life - No useful purpose would be served by allowing continuation of..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10(2), Transfer of Property Act, 1882, Section 52 -- Impleadment of subsequent purchaser - Merely because the transfer during pendency of suit is hit by principle of lis pendens incorporated u/s 52 of T.P.Act that cannot operate as bar for court to exercise power U.O.1.R.10(2) CPC to permit subsequent purchaser for..........
Criminal Procedure Code, 1973, Section 156(3), 397(2) -- Investigation - Order directing investigation is an interlocutory order and remedy of revision against such an order is barred u/s 397(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 190(1)(c), 482 -- Additional offences - Cognizance of - Powers of Magistrate - Charge-sheet submitted by police after investigation - Cognizance taken by Magistrate - During pendency of proceedings, application u/s.190(1)(c) Cr.P.C. filed by prosecution to take cognizance of additional offences along with previous ones of which..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining defendants from alienating the suit land in any manner during pendency of suit - Plaintiffs are bona fide allottees of plots by the gram panchayat, in lieu of government scheme, being poor persons and members of scheduled caste community - Defendants were never declared..........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Framing of additional issues - Petitioners-plaintiffs instituted suit for declaration with consequential relief of permanent injunction - Application for framing of additional issues with regard to validity, genuineness of impugned Wills filed when case was listed for rebuttal evidence and arguments - Real controversy..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - If defendant is permitted to alienate disputed property then it will give rise to multiplicity of suits, which is not legally permissible - Order of status quo, upheld...........
Civil Procedure Code, 1908, Section 10 -- Stay of proceedings - Rejection of - Validity - Plaintiff filed suit for decree of declaration to effect that impugned power of attorney, agreement to sell, letter of possession and receipt etc. are illegal and contrary to law and not binding on his rights - Defendant contested suit filed written statement but did not file any..........
