Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent prohibitory injunction - Violation of decree - When a decree for permanent prohibitory injunction is violated and JDs forcibly took possession of DH's property by violating decree, JDs may be expelled by Executing Court by exercising powers U.O.21.R.32 CPC - It would not be necessary for DH..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Court may issue commission U.O.26.R.9 CPC where local investigation is required for elucidating any matter in dispute...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - While invoking power u/s 319 Cr.P.C. trial Court should consider the statements of witnesses adduced before it and it should not place reliance upon material available in the charge-sheet or case diary...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - For summoning an additional accused u/s 319 Cr.P.C. mere prima-facie case is not sufficient - It is to analyze, whether before trial Court material was sufficient to summon petitioners u/s 319 Cr.P.C. or not...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, Criminal Procedure Code, 1973, Section 125, 128 -- Ex parte quashing order - High Court by ex parte order quashed the impugned order of issuing warrant of recovery and arrest to recover the arrears of maintenance without giving an opportunity to appellant in whose favour maintenance order was passed - Ex parte quashing..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Waiver of condition to deposit compensation amount - Appellate Court holds the discretion to waive condition only in exceptional circumstances - Such circumstances must be demonstrated through compelling and substantiated material provided by appellant - In the absence of such cogent material, it..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Waiver of condition to deposit 20% of compensation amount - Ground that petitioners are facing financial difficulty cannot be said to be a ground sufficient enough for carving out an exception from the mandate contained in S.148 of the Act - Imposition of condition of deposit of 20% of amount of..........
Criminal Procedure Code, 1973, Section 340 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.379) - Order passed u/s 340 Cr.P.C - Appeal - If an order u/s 340 Cr.P.C. is passed by a civil Court, revenue Court or criminal Court, appeal would lie on respective side to appellate Court, even though provision for conducting an enquiry and filing a complaint for giving false..........
Family Courts Act, 1984, Section 19, Criminal Procedure Code, 1973, Section 340 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.379) - Appeal - Order passed u/s 340 Cr.P.C - Appeal arising from an order issued u/s 340 Cr.P.C by Family Court should be filed in accordance with S.19 of Family Courts Act, specifically before Division Bench of High Court - S.19 of Family Courts..........
Family Courts Act, 1984, Section 10, 18 -- Procedure - As per S.10 of the Act, proceedings before Family Court shall be as per CPC except for order passed under Chapter IX Cr.P.C. (Ss.125 to 128) - As per S.18 of the Act, decree or order of Family Court shall be executed as decree or order of civil Court...........
