Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Declined by trial Court - Order based on objective consideration of material on record - Appellate Court not to interfere because different view is possible...........
Civil Procedure Code, 1908, Section 34 -- Interest - Failure to pay within prescribed period - Interest payable 15% from date of order till actual deposit of amount in Court - Interest reduced from 15% to 10% per annum...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Child - Denial of paternity - Proof and probative value of certificate issued by Registrar of Birth and Deaths - Birth certificate is admissible as a public document - No formal proof of it is necessary - Heavy burden rests on the opposite party to disprove the contents thereof - In the instant case there is no..........
Consumer Protection Act, 1986, Section 21 -- Civil Procedure Code, 1908, Order 23 Rule 1 - Complaint maintainability - Withdrawal of complaint unconditionally - Special Civil Application before High Court in which liberty granted to file civil suit - Though the provisions contained in CPC do not apply to Consumer Fora, still the provision contained in said Order 23 Rule 1..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3) -- Dishonour of cheque - Compensation - Discretionary power of Court - Held, Negotiable Instruments Act does not say anything about giving compensation to complainant - Though fine can be imposed on accused twice the amount of cheque - Court can invoke power u/s 357(3) Cr.P.C. and..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of order - Revision filed dismissed by Sessions Court - Maintainability of petition u/s 482 of the Code in High Court - Held, to prevent miscarriage of justice and to secure ends of justice, High Court can entertain application filed u/s 482 Cr.P.C. in exercise of power of superintendence - However such power is to be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Electricity Act, 2004, Section 54, Electricity (Supply) Act, 1948, Section 42, Telegraph Act, 1885, Section 10 -- Laying electric head lines - Temporary injunction to restrain defendants from laying the over head electric lines etc. - The licensee under the Electricity Act and the Telegraph Act does not acquire any land, it..........
Civil Procedure Code, 1908, Order 9, Rule 13, Provincial Small Causes Courts Act, 1887, Section 17(1) -- Exparte decree - Setting aside - Suit for eviction and arrears of rent - Failure of comply with mandatory provision of S.17 of the Act as neither the amount is deposited nor any security furnished nor time sought for furnishing the security - No case of fraud made out -..........
Protection of Women From Domestic Violence Act, 2005, Section 23, 29, Criminal Procedure Code, 1973, Section 397(2) -- Interim maintenance - Granted to prevent the child going into vagrancy because of lack of funds - Order upheld by Sessions Judge - Held, revision not maintainable before High Court...........
Civil Procedure Code, 1908, Section 152, Order 9, Rule 13 -- Application U.O.9.R.13 CPC is not maintainable against an order passed u/s 152 CPC whereby amendment is brought in the decree...........
