Civil Procedure Code, 1908, Section 151, Order 1, Rule 10, Family Courts Act, 1984, Section 7 - - Impleadment of a party - Petition filed by wife against husband in Family Court for partition and separate possession - Daughter seeking impleadment by claiming that gift deed has been executed in her favour by her mother - Held, since dispute is between husband and wife as..........
Criminal Procedure Code, 1973, Section 482 -- Complaint filed by appellant, alleging that he had been kidnapped, illegally detained, terrorized and threatened by respondents - Investigation concluded and respondents charge-sheeted only for offences u/ss 323 and 343 of IPC - Application for pleading guilty filed by respondents - Trial Court proceeded in great haste and..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397, 401 -- Dishonour of cheque - Summoning order - Revision against - Revisionist personally did not have legally enforceable debt or liability towards complainant/opposite party No.2 - Facts of complaint do not disclose ingredients of offence u/s.138 of N.I. Act against revisionist -..........
Criminal Procedure Code, 1973, Section 202 -- Summoning order - Quashing - Participation of Magistrate was absolutely nil during inquiry - No questions were put to witnesses - Evidence was recorded in a mechanical fashion - Magistrate did not wait for the result of enquiry by the police which he himself had ordered - Magistrate should have realised that the prospective..........
Foreign Exchange Regulation Act, 1973, Section 56, 61, 62, Criminal Procedure Code, 1973, Section 407, 439 - - Offence under the Act - Held, not exclusively triable by Magistrate of 1st class - Transfer of case to special Judge not illegal - It does not have effect of taking away right of appeal - Appeal from order of Special Judge can be preferred to High Court...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Implementation - Police protection - When there is threat of breach, disobedience or violation of order of injunction, Court can grant police protection - Party complaining violation of ad interim injunction may file not only an execution petition U.O.21.R.32 CPC or an application..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issues on merits of the matter, which may arise between the parties cannot be within the realm of Court at the stage of passing order U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Temporary Injunction - Violation - Order of status quo regarding existing position of suit property - Placing of stack of dung cakes, which is movable property and installation of fodder cutting machine - Held, not violative of status quo order...........
Criminal Procedure Code, 1973, Section 190, 200 -- Cognizance of offence u/ss 304(Part II) read with S.149 IPC taken at the instance of Addl. Sessions Judge - Held, Addl. Sessions Judge should not have indicated the provisions under which the offence was to be considered - Rather he should have remanded the matter back to the Court below for reconsideration of the same in..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte decree - Setting aside - Substituted service - Order of substituted service without recoding necessary satisfaction that defendants were getting out of the way for the purpose of avoiding service or that for any other reason, summons could not be served in the ordinary..........
