Criminal Procedure Code, 1973, Section 340 -- Obstruction in proceedings of Court - Respondent alleged to have abused and threatened to beat complainant in Court and obstructed proceedings in Court and also forged Will - Separate FIR lodged regarding forgery of Will - Will was not forged during proceedings of Court - Held, controversy regarding Will cannot be inquired..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for specific performance - Restraining defendant from selling, transferring, alienating or creating third party rights in suit property - No concluded contract between parties - Exact area of subject matter of transaction in dispute - Plaintiff did not express readiness and willingness to..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 394, 34 -- Appeal - Dismissal for non prosecution - No criminal appeal can be dismissed on ground of default in appearance - Court has to go through record of case even in absence of appellants or his counsel and decide the matter on merit - Order of dismissal quashed - Appeal remanded to be..........
Indian Penal Code, 1860, Section 420, 468, Criminal Procedure Code, 1973, Section 482 -- Cheating and forgery - Quashing of FIR - Petitioners have submitted wrong declaration form and on the strength of it got their union registered - Registration of petitioner's union was cancelled by Registrar of Trade Union - Thereafter the said order of cancellation was set aside by..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Ex parte decree - Setting aside - Appeal against order refusing to set aside ex parte decree - Summons were duly served by ordinary post as well as by affixing and by registered post and finally by publication in the newspaper where defendant carries on business - Amount of..........
Civil Procedure Code, 1908, Order 23, Rule 1(3)(b) -- Withdrawal of Appeal - When an application is made to withdraw appeal with liberty to file a fresh suit, dismissal of appeal as withdrawn while declining permission to file fresh suit is not legal - Application be either allowed in toto or dismissed in toto by a reasoned order after hearing both sides...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Grant of - Validity - Plaintiffs filed suit on basis of intestate succession from their father in whose favour there is a registered document of transfer by grand mother - Defendant's contention that his mother was only defendant's benamidar and he alone paid consideration for purchase - Held, issue..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Suit for mandatory injunction directing defendant to execute sale deed after receiving Rs.1,45,83,33/- - Held, since this obligation came through an earlier decree, plaintiff's contention that it was not a specific enforcement of an agreement of sale is fallacious - Right which Court was granting was not a right in property..........
Criminal Procedure Code, 1973, Section 386 -- Re-trial - Permissibility - Appellant/complainant although has alleged that order for re-trial should have been passed by trial Court and High Court, nothing specific has been pointed out why matter should be sent for retrial specially when two of important witnesses had failed to support prosecution/complainant version - Apart..........
Criminal Procedure Code, 1973, Section 401, Indian Penal Code, 1860, Section 294(b), 323 -- Conviction - Revision against - High Court without considering evidence on record and without assigning any reason set aside order of conviction passed by first appellate Court - Held, matter remanded back to High Court for decision afresh in accordance with law - Petition allowed...........
