Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Mandatory injunction against i, laws - Property owned by father-i, law - Right of daughter-i, law to stay there - Held, prima facie daughter-i, law does not have a right to stay in the property owned by father-i, law and cause nuisance to old couple - She can be permitted to retain possession of the room in question by..........
Criminal Procedure Code, 1973, Section 204,397 -- Complaint - Summoning order - Revision against - Held, maintainable...........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 420,406,161 -- Public servant - Sanction for prosecution - Accused summoned u/ss 420, 406 & 161 IPC - Held, sanction for prosecution for these offence not required - Trial to proceed as per the summoning order...........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Status quo - Order passed without hearing defendant's counsel - Proprietary of - Held, impugned order passed by trial court passed without hearing counsel for appellant and without assigning any reasons - Same deserves to be set aside and is accordingly set aside...........
Civil Procedure Code, 1908, Order 44, Rule 3 -- Indigent person - Enquiry regarding - Appellate stage - Held, R.3 of O.44 CPC does not automatically dispense with an enquiry regarding indigence of a proposed appellant the moment he files an affidavit to the effect that he was permitted by Court below to sue or appeal as an indigent person and he has not ceased to be an..........
Civil Procedure Code, 1908, Section 96 -- Indigent person - First appeal - Permission for - Lower appellate Court erroneously observed that plaintiff-petitioner paid court fee in trial Court and dismissed application for permission to file first appeal as indigent person - Held, very basis of dismissing said application is erroneous and factually incorrect - Impugned order..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 499, 500 -- Defamation - Allegation of false averments in written statement - Complaint - Quashing of - Whether averments contained in the written statement would constitute an offence of defamation or not? - Held, this question is no more res integra - The civil suit in question has already been..........
Succession Act, 1925, Section 299, Civil Procedure Code, 1908, Section 96, 2(2), Order 43, Rule 1 -- Order in probate proceedings - Appeal theragainst - Maintainability - Held, order in probate application is not a decree - Question of application of S.96 of CPC does not arise - Hence first appeal is not maintainable - Misc. appeal agaisnt order would be maintaianlbe..........
Civil Procedure Code, 1908, Order 17, Rule 1 -- Closure of evidence - Validity - Held, granting of eleven effective opportunities to defendants for their evidence instead of three opportunities stipulated by law is more than sufficient - Order closing evidence of defendants No.8 to 10 proper - Revision dismissed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 326(3) -- Dishonour of cheque - Summary trial - Evidence recorded by two Magistrates - Acquittal - When a case is tried as a summary case a Magistrate, who succeeds the Magistrate who had recorded the part or whole of the evidence, cannot act on the evidence so recorded by his predecessor..........
