Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Plea that summons not served - Process server proved his report according to which summons of petition was served upon petitioner himself - Signatures of petitioner on summons served upon him for appearance in ejectment petition were duly proved - No suggestion put to process server that he..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of F.I.R. - Exercise of power - Respondent had sought quashing of FIR - High Court, while disposing of petition has directed that no adverse or punitive action be taken against petitioner in pursuance of FIR till the instant petition is decided - Challenge thereto - Held, High Court while deciding petition filed u/s..........
Civil Procedure Code, 1908, Section 94, 135, Order 39, Rule 1, 2, 3A -- and Trade Marks Act, 1999, - Temporary injunction - Registered trade mark - Infringement - Trial court is empowered to consider prayer for grant of an ex parte order of temporary injunction - However, it would be in its realm or domain to examine facts of each case either to grant or refuse an order..........
Criminal Procedure Code, 1973, Section 482, 173(8), Indian Penal Code, 1860, Section 504 -- Further investigation - Power of Court - Exercise of - Held, prospective accused has no locus standi to challenge a direction for further investigation before cognizance or issuance of process against him and the police has statutory right to investigate the case - There is no..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Additional evidence cannot be permitted except for the exceptions provided therein - Documents filed alongwith objection against application for interim injunction - Permission sought to file counter for rebutting of documents - Held, petitioner has every right to question the..........
Civil Procedure Code, 1908, Order 39 -- Temporary Injunction - Alienation of suit property - Wife seeking restraint order against husband - Suit filed after decree of divorce granted in favour of husband became final and also dismissal of application filed by wife u/s 125 Cr.P.C. wherein no provision was made for maintenance of wife including the right of residence in the..........
Criminal Procedure Code, 1973, Section 202 -- Scope - Amendment of the provision shows the intention of legislature to stop the proceedings where the accused is sought to be summoned from far off places and inquiry be made by Magistrate if he chooses not to order investigation...........
Criminal Procedure Code, 1973, Section 202, 482, Indian Penal Code, 1860, Section 379 -- Offence u/s 379 IPC - Jurisdiction - While summoning accused Magistrate did not consider the impact of amended provision of S.202 Cr.P.C. which makes it incumbent upon him to make inquiry if the proposed accused persons are not residing within the jurisdiction vested with him - Entire..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Value more than jurisdiction - Order set aside in appeal as exact value of property can be determined only when parties lead evidence - Plaint sent to Civil Judge (Senior Division) and not to Civil Judge (Junior Division) by holding that in case on the basis of evidence to be led by parties, it was found..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, Civil Procedure Code, 1908, Order 15, Rule 5 -- Non payment of rent - Striking off defence - Applicability of provisions of CPC to Eviction proceedings - Held, provisions of CPC are not applicable to proceedings under Rent Act strictly - Yet principles can be applied in proceedings under Rent Act by Court..........
