Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence u/ss 420, 467, 379 of IPC and 47 of Excise Act - Order of District Magistrate canceling licence has been set aside by Board of Revenue and the matter was remitted to District Magistrate to decide afresh - District Magistrate did not pass any order and the matter is pending since 2006 - Held,..........
Civil Procedure Code, 1908, Section 92 -- Dispute regarding temple - Suit in respect of - Maintainability - Held, in case of a public religious temple or a charitable institution, with regard to removal of trustees or management of temple or its possession etc., scheme suit is required to be u/s 92 of CPC - However, if temple is governed by a Board order, then only, if..........
Civil Procedure Code, 1908, Order 9, Rule 8, 9 -- Dismissal of suit for default - Order was not challenged by petitioner before any forum - Same became final - Order of dismissal of suit is thus an order U.O.9.R.8 CPC - Filing of second suit on same subject matter - Held, O.9.R.9 clearly bars filing of second suit with regard to the same subject matter - Second suit not..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Scope - Power of appellate Court - Even the relief not claimed by defendant has been given in impugned order - Proprietary of - Held, first appellate Court has gone beyond the relief claimed, holding that defendant can do interior work, which included the flooring, tiling,..........
Civil Procedure Code, 1908, Order 7, Rule 11, Northern India Canal and Drainage Act, 1873, Section 30A -- Rejection of plaint - Order shifting land - Jurisdiction of civil Court - Held, in case trial Court arrives at a conclusion that mandatory provisions of statute have not been complied with, then suit of plaintiff would be maintainable - It will be premature at this..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Interim injunction - Violation - Proceedings U.O.39.R.2-A - Contempt proceedings - Discretion of Court - Held, it is sole discretion of Court to proceed in contempt - Contempt proceedings are essentially between Court and contemnor - All that petitioner can do is to bring to the notice of Court of breach of any order of..........
Civil Procedure Code, 1908, Order 39, Civil Procedure Code, 1908, Order 43 -- Interim injunction - Demolition of illegal construction - Order by corporation - Injunction sought by flat buyers - Trial Court declined to grant injunction on analysis of evidence and pleading that building in question was constructed in violation of sanctioned plan and flat buyers have no..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for specific performance - Plaintiff seeking protection of his possession and restraining creation of third party rights - Part of land already acquired - Plaintiff not able to justify as to how a suit for specific performance in respect of land which has already been acquired could be filed -..........
Civil Procedure Code, 1908, Section 100A, Order 22, Rule 9 -- Abatement of Suit - Dismissed - Bar to further Appeal - Intra-Court appeal is not maintainable as no further intra-court appeal lies against order passed in first appeal in view of amendment made in CPC - Hence, appeal to Division Bench is barred...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Illegitimate minor daughter - Contention of second party (father of minor child) that he is not the father of minor child - Magistrate took the view that second party is the father of minor child - Revisional Court also examined the evidence on record and, thereafter, recorded the finding that first party (mother..........
