Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Defendant claiming ownership on the basis of sale deed - Earlier sale deed was declared null and void - Once basic foundation of title had been declared null and void, then subsequent owners would also prima facie have no rightful title - Merely because defendant has raised construction, it cannot be..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376 -- Anticipatory bail - Rape - Prosecutrix categorically stated that accused entered into physical relationship with her, despite her reluctance, refusal and denial - Passive submission on the part of prosecutrix to the act, cannot be construed as a circumstance to hold that it was a case of..........
Civil Procedure Code, 1908, Section 25 -- Transfer of case - No reason to entertain transfer petition - However, considering circumstances on record including advance age of parties, trial Court directed to expedite process and conclude proceedings as early a possible and preferably within one year - Transfer petition dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Cause of action and claim introduced and set up by way of proposed amendment clearly barred by limitation - Even otherwise plaintiff were precluded from raising the same issue which was already decided in first suit - Order allowing amendment set aside...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction - Applicants had purchased the suit land through registered sale deed - They are thus, necessary parties to be impleaded in the proceedings for proper adjudication of case - Application for impleadment of applicants rightly allowed...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376(2)(n), 506 -- Anticipatory bail - Rape - Incident occurred five months before FIR was lodged - Case of anticipatory bail is made out in view of attending circumstances - Anticipatory bail granted...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Appearance of accused before Court after receiving notice from police station for filing of charge-sheet amounts to custody and his application u/s 439 Cr.P.C is maintainable...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Directions issued: (i) Trial Courts are directed that when an accused appear before trial Court after receiving notice from police station for filing of charge-sheet, then on his appearance such accused person is deemed to be under custody of Court and his application u/s 439 Cr.P.C. is maintainable and he may not be..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Applicant is under apprehension of his arrest, therefore, his application u/s 438 Cr.P.C. is maintainable...........
Criminal Procedure Code, 1973, Section 125 -- (Jammu and Kashmir Criminal Procedure Code, 1989, S.488) - Maintenance - Major son or daughter cannot be awarded maintenance by a Magistrate in exercise of his powers u/s 125 Cr.P.C. (S.488 of J & K Cr.P.C) - However, in appropriate case, Family Court has jurisdiction to grant maintenance to a major Hindu daughter on basis of..........
