Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Simpliciter suit for injunction - Any order passed of injunction would bind only the parties to the suit - Proposed party will not be bound by the order in the suit - Order allowing impleadment set aside...........
Criminal Procedure Code, 1973 - - Trial - Offences punishable u/s.408, 420, 467, 468 and 471 of IPC - Case was pending before Magistrate against appellant as on date Amendment Act came into force - Magistrate on receipt of a charge-sheet which tantamount to institution of a case against appellant committed case to Sessions as three of the offences with which he was charged..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 372 - - Dishonour of cheque - Acquittal - Appeal by Complainant to High Court - Held, propriety requires that appellant/complainant should have gone to Sessions Court first and only if thereafter, if aggrieved, he should have approached High Court - Appeal returned for presentation before..........
Civil Procedure Code, 1908, Order 7, Rule 14, Civil Procedure Code, 1908, Order 18, Rule 17 -- Production of documents and recalling of witness to prove the same - Sought at the stage when case was fixed for pronouncement of judgment - Those documents remained in exclusive possession of plaintiff - For best reasons known to him the same were not placed on record - There is..........
Civil Procedure Code, 1908, Section 151, 152, 153 -- Inherent powers of Court - Exercise of - Held, Court in order to do complete justice between parties are vested with inherent powers as well as general powers to rectify mistake or error in proceedings or judgment or decree u/ss 151, 152 and 153 CPC - No restriction has been provided to affect inherent powers of Court to..........
Civil Procedure Code, 1908, Order 7, Rule 11, Specific Relief Act, 1963, Section 6 -- Rejection of plaint - Validity - Suit filed u/s 6 of Act of 1963 - Application U.O.7.R.11 CPC allowed, dismissing suit by giving finding that Court has no jurisdiction to decide suit because land in question is agriculture land - Held, since there is no assertion in plaint that land in..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleading of transferee pendente lite in a suit for specific performance - Transfer despite restraint order and transferee having notice and knowledge of pendency of suit for specific performance - Held, transferee pendente lite is entitled to be added as a party defendant to..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Non compliance of order of injunction - Person proceeded against should be given reasonable opportunity as to why he is not liable to be prosecuted and punished, affording him chance to lead evidence in support of his defence, there must be clear proof of disobedience of injunction to punish him as a condemner...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Non compliance of order of injunction - Alleged condemner State Electricity Board - Objections filed by Executive Engineer of Board on behalf of authority - Order of his detention in civil prison without any finding as to whether he was personally liable for non compliance of injunction order - Erroneous and liable to be set..........
Civil Procedure Code, 1908, Order 39, Rule 1, 4, Civil Procedure Code, 1908, Order 43, Rule 1(r), Constitution of India, 1950, Article 226 -- Temporary injunction - Alternative remedy of appeal - Availability - Held, an order of injunction, whether interim or final, is an order falling within R.1 or 2 of O.39 CPC and is appealable U.O.43.R.1(r) CPC - Mere quoting wrong..........
