Civil Procedure Code, 1908, Order 39, Rule 1, 2, Protection of Women From Domestic Violence Act, 2005, Section 12, 19 -- Temporary injunction - Shared house-hold - Daughter-i, law of petitioner had already obtained residence order to live in shared house-hold invoking provision u/s.19 of the Act of 2005 - In appeal, impugned residential order has been stayed by appellate..........
Criminal Procedure Code, 1973, Section 154, 156, 190 -- More than one FIR - On same incident or different incidents arising from same occurrence - Not permissible - However, where the incident is separate and offences are similar or different or even where subsequent crime is of such magnitude that it does not fall within the ambit and scope of FIR recorded first, then a..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff was running his father's business - His younger brother also joined business - Oral arrangement arrived between them that both of them would carry business under same roof by maintaining different counters - Landlord was signatory to said arrangement - Brother of plaintiff went to U.S.A. by..........
Criminal Procedure Code, 1973, Section 156(3), 173(8) -- Application u/s 156(3) Cr.P.C. - Direction to police to register FIR and investigate - Final report submitted - Protest petition filed for rejecting final report - Direction issued to further investigate - Held, Magistrate is well within its right to order further investigation into the matter...........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Section 2(12) -- Eviction - Mesne profits - Determination of - Held, Court to make a fair estimate keeping in view circumstances which have been placed on record - One of parameters which Court can consider is testimony of landlord - In present case, year of eviction is 2006 -..........
Criminal Procedure Code, 1973, Section 228(1) -- Framing of charge - Procedure to be followed - Offences u/ss 323, 341, 354 r/w S.34 IPC & u/s 3(i)(x), (xi) & (xv) of SC & ST (Prevention of Atrocities) Act, 1989 - Discharge of accused in respect of offences under the Act of 1989 - In respect of offences alleged to have been committed under IPC, case was remanded back to..........
Civil Procedure Code, 1908, Order 17 -- Failure to produce any witness despite many opportunities - Closure of evidence by order - On an application filed evidence allowed to be led - Ground taken in application not supported by any corroborative material on record - In the interest of justice order allowing application not interfered with - However, respondent burdened..........
Civil Procedure Code, 1908, Order 39 -- Temporary injunction - Restraining defendant from raising construction in excess of his share - Land already partitioned - Prima facie, no case for interim injunction made out - Once prima facie case is not found in favour of plaintiff then it cannot be said that balance of convenience and irreparable loss are in his favour - Order..........
Criminal Procedure Code, 1973, Section 378(4), Indian Penal Code, 1860, Section 341, 323 -- Appeal against acquittal - Magistrate after hearing parties on question of sentence, instead of sentencing opposite party Nos.2 and 3 to any punishment released them after due admonition - Dispute between parties is of trivial nature - Alleged occurrence is said to have taken place..........
Criminal Procedure Code, 1973, Section 231, 309 -- Sessions trial - Adjournment for cross-examination - Validity - Matter adjourned for two months for cross-examination solely at instance of appellant's counsel on simple ground that counsel is engaged in some other matter in High Court on day when witness examined-i, chief - Held, while granting adjournment Court was..........
