Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Police protection - Violation of order - An application for police protection is maintainable even when remedy is sought by filing an execution petition U.O.21.R.32 CPC and also an application U.O.39.R.2-A CPC seeking attachment and/or arrest of the violator for Contempt of Court...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Police protection - Even in a case where there is a violation of an injunction order in a suit as opposed to a situation where only a threat of violation of exists, order of police protection may be granted if the rights of parties are determined either finally in the suit or, at least..........
Indian Penal Code, 1860, Section 409, 468, 471, Criminal Procedure Code, 1973, Section 439(1) - - Grant of bail - Notice to Public Prosecutor - Initial charge-sheet running into more than 268 pages - Prosecutor applied for remand of at least 2 days which was declined - Held, notice under proviso to 439 (1) implies a proper and full opportunity to prosecutor to point out as..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Past conduct of appellant after registration of present crime was pointed out in detail as well as his criminal antecedents with proof - Bail applications of three main accused had been rejected by another Sessions Judge - There was a wrongful loss of about Rs.169 crores to MC which was also brought to..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420 -- Quashing of criminal proceedings - Validity - Case raises large number of disputed questions of fact - Held, there was no occasion for High Court to allow petition u/s.482 Cr.P.C. and quash criminal proceedings - Impugned judgment and order set aside - Appeal allowed...........
Criminal Procedure Code, 1973, Section 186 -- Scope and object - Cases instituted in different Courts in respect of same offence - Held, main object and intention of legislature in enacting provision is to prevent accused persons from being unnecessarily harassed for same offences alleged to have been committed within territorial jurisdiction of more than one Courts - In..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Allegations against appellants that they committed offences u/ss 418, 504 & 120-B IPC - Company in which applicants were working willing to settle their claims by giving a sum of Rs.one lac to each of them - Company directed to pay specified amount to each of them - Order taking cognizance of offence..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - In order to bring a question within the power of Executing Court to decide u/s 47 CPC, the question should be between the parties to the suit or their representatives and also it should be one relating to the execution, discharge or satisfaction of the decree...........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Ex parte order - Setting aside - Once there is specific allegation regarding fraud, misrepresentation, coercion as well as pressure and getting the signatures on blank paper then Court has rightly allowed the application of defendants and allowed to appear and contest the suit by filing the written statement - So far as the..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Applicability - Statement made by counsel for third respondent that in event of petitioner's making an application for amendment of plaint in pending suit on basis of averments made in summons issued, he would not oppose same - Company Judge recorded same and opined that it is not necessary to grant present Judge's..........
