Criminal Procedure Code, 1973, Section 207 -- Supply of copies of document - Accused allegedly committed offence u/s 3 of Official Secrets Act, when copies of certain official notings and documents relating to classified information regarding defense of nation recovered - Accused sought copies of these documents u/s 207 of the Code - Vide impugned order, state chose not to..........
Civil Procedure Code, 1908, Order 39, Rule 4 -- Vacation of ad interim injunction - Notice of application U.O.39.R.4 not issued to plaintiff so as to get its response thereon - Ad interim injunction vacated as plaintiff found to be have made a false or misleading statement in relation to a material particular - Held, in case plaintiff had knowingly made false or misleading..........
Civil Procedure Code, 1908, Order 7, Rule 11(d), Haryana Co-operative Societies Act, 1984, Section 27, 114(1)(e), 114(2)(e) -- Rejection of plaint - Civil suit for declaration challenging the order rescinding the resolution as illegal as no opportunity of hearing was provided - Remedy of appeal available against the order under challenge - Held, when alternative remedy of..........
Criminal Procedure Code, 1973, Section 457 -- Release of seized vehicle - Vehicle in possession of transport company for the purpose of transportation - Accident took place and vehicles seized by police from the driver of the transport company - Power of attorney holder on behalf of the transport company filed application for release of vehicle which was disallowed - Order..........
Criminal Procedure Code, 1973, Section 427 -- Concurrent running of sentences - Applicant convicted in two different distinct offences having no nexus - Applicant failed to invoke jurisdiction of trial court at the time of second conviction to direct whether the sentence of second case should run concurrently - Even at the time of hearing of appeal, applicant did not make..........
Civil Procedure Code, 1908, Order 40, Rule 1, Civil Procedure Code, 1908, Order 43, Rule 1(s) -- Receiver - Appointment - Order is appealable and not revisable...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Magistrate u/s 173(8) Cr.P.C. cannot order re-investigation of the case - However, Magistrate can order further investigation of the case...........
Criminal Procedure Code, 1973, Section 319, 401 -- Summoning of additional accused - Order passed in a mechanical manner without considering the evidence on record and recording satisfaction that there was all likelihood of conviction of the additional accused - Impugned order set aside and matter remanded for decision afresh...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of writ petition - Members of Legislative Assembly who contested elections as independent candidates disqualified by speaker on the ground that they had joined BJP political party - Challenge against order of speaker by way of writ petition - By way of amendment, petitioner sought to withdraw leading to the effect..........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution of money decree by way of arrest and detention of J.D. in Civil prison - JD, son of ex-chief Minister - Executing Court convinced that there was deliberate attempt on part of J.D. to browbeat and get away from reach of court - Executing court issued arrest warrant of J.D. - Held, if arrest warrant is executed and..........
