Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - First part of prayer to withdraw suit allowed but second part of prayer to file a fresh suit declined - Trial Court ought to have declined prayer for withdrawal of suit after declining leave to file a fresh suit - Impugned order allowing withdrawal of suit set aside - Trial Court to proceed with suit in..........
Criminal Procedure Code, 1973, Section 227, 228 -- Framing of charge - No requirement to include all the facts contained in the final police report - Framing of charge itself is a prima facie order, indicative of the fact that the trial Judge has formed the opinion upon considering the police report, other documents and after hearing both the parties that there is a ground..........
Civil Procedure Code, 1908, Section 96, Order 8, Rule 6A -- Counter claim - Order rejecting counter claim as not maintainable - Order is not appealable - Question of treating counter claim as a plaint arise only when it is entertained and not otherwise - Court when held that counter claim is not maintainable then Court never entertained counter claim as a plaint - Court..........
Civil Procedure Code, 1908, Section 151 -- Restitution of possession - Exercise of inherent powers - Held, it is duty of Court to do complete justice between parties, in consonance with legislative intent and to undo wrong or injury caused to judgment debtor, while considering effect of decree, which is varied or reversed or modified and order restitution of all rights,..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Direction by Court to grant - Validity - Application for sanction of prosecution rejected - Single Judge opines that there is mechanical disposal of application and sanction for prosecution has to be granted - Held, there can only be a direction to reconsider said application and proceed in accordance..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Not disclosing cause of action against newly added defendants - Some defendants impleaded - Only the cause title of plaint to be amended - However, amended plaint incorporating certain paragraphs, without there being an order, allowing amendment, filed - While considering application U.O.7.R.11 CPC it is..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Grant of - Validity - Plaintiff sought injunction restraining defendant from carrying out any construction or committing any mischief in property - Construction of building is over and only interior finishing work like plastering, painting etc., are alone to be done - Occupancy certificate has been..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Injunction - Breach of order - Knowledge of injunction order has to be established beyond any shadow of doubt - Knowledge of injunction order cannot be imputed by the mere fact of filing of written statement - Having knowledge of the proceedings in general does not mean that the parties have the special knowledge of every..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Proceedings U.O.39.R.2-A CPC are in the nature of criminal proceedings and principles of criminal law apply - It has to be established beyond any shadow of doubt that injunction order was disobeyed inspite of having full knowledge of the same...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Subsequent events - Plaintiff is entitled to seek amendment of plaint in order to bring on record the subsequent developments between the parties and more so when defendant had not filed his written statement - Order allowing amendment, upheld...........
