Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Violation of order of High Court - Appellant being Tehsildar had removed certain structures from the subject land despite an earlier order passed by High Court - He accompanied by a police force of 80 personnel threw respondents occupying subject land on road, removed their belongings from their homes after..........
Concealment of material facts -- Order obtained by concealing material fact - Impugned order passed is erroneous, hence, set aside...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Interim protection granted to petitioner - Petitioner co-operating and participating with investigation - Interim protection granted by Supreme Court vide its earlier order made absolute with direction that petitioner shall not be arrested provided he continues to co- operate and participate with..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Order refusing to grant injunction - High Court against order of Trial Court refusing to grant injunction pending disposal of suit, could not have dismissed substantive portion of suit itself and direct that remaining part of suit be agitated in a suit filed by defendant - Approach adopted by High Court is completely..........
Civil Procedure Code, 1908, Section 15, Order 9, Rule 7 -- Ex parte order - Setting aside - Petitioner was served at the address mentioned in sale deed itself - Substituted service was not shown to be fraudulent - Both courts below have concurrently found no procedural irregularity sufficient to set aside ex parte order in retrospect particularly in light of subsequent..........
Civil Procedure Code, 1908, Section 15, Order 9, Rule 7 -- Ex parte order - Setting aside - Once an appellate Court sets aside a trial Court's judgment and remands the matter for re-consideration, all prior proceedings except those expressly preserved stand subsumed in remand - Procedural integrity of earlier interlocutory orders loses operative force unless challenged..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and minor daughter - Husband is a government teacher drawing a handsome monthly salary of Rs.65,100 - Being husband and father, it is legal obligation to maintain his legally wedded wife and minor daughter - Maintenance as awarded by appellate Court cannot be said to be on lower side - Wife and minor..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 3 -- Interim injunction - Arbitration proceedings - Appellants attempted to encash bank guarantee furnished by respondent - If appellants were permitted to invoke bank guarantee, prayer made in S.9 of Arbitration and Conciliation Act, arbitration petition would likely become infructuous - Interim order restraining..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 417, Dowry Prohibition Act, 1961, Section 4 -- Framing of charges - Cheating - False promise to marry - No recital in FIR or charge sheet that Rs.5 lacs is demanded at time of construction of house - Even, statement of victim's mother nowhere shows that Rs.5 lacs is paid by her - Moreover, as per..........
Armed service -- Disability pension - Order of discharge of appellant and denial of disability pension to him based on a medical opinion without providing full reasons to support opinion cannot be said to be valid - However, considering the fact that about 27 years of appellant being invalided from service, order of discharge of appellant from service on the ground of..........
