Civil Procedure Code, 1908, Section 151 -- Consolidation of suits - Court by exercise of its inherent power can order consolidation of suits - Consolidation of suits may be directed in order to avoid conflicting judgments and to save valuable time, energy and money by clubbing the cases involving common question together...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining further construction - Construction of considerable magnitude already made - Entire amount under the agreement already made - Plaintiff not to suffer any substantial injunction if injunction is not granted - If ultimately suit is decreed plaintiff can be compensated in damages or..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Plaintiff and defendant purchasing land comprising khasra numbers which were still joint and not yet partitioned by co-sharers - Held, even if the parties purchased the property by specific khasra numbers and boundaries, it cannot be said that they were in exclusive possession of any..........
Criminal Procedure Code, 1973, Section 389(1) -- Stay of conviction - Power of appellate court - Held, appellate court is duly empowered u/s 389(1) to grant stay of conviction but only in an "exceptional case" where "the ramification and the consequences" are such which may justify exercise of such authority - Such power is not to be casually exercised and it is necessary..........
Criminal Procedure Code, 1973, Section 389(1) -- Stay of conviction - Appellant had already retired from public service - If an order of stay of conviction is passed, there would be no possibility of appellant being restored to any public post - There is no chance of appellant ever going back to public office - Appellant having tendered his resignation from various..........
Criminal Procedure Code, 1973, Section 125(3), Limitation Act, 1963, Section 15 -- Maintenance - Execution - Limitation - One year - Limitation for filing application for execution is to be computed upon excluding the period during which the order of stay was operating...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Children - Maintenance granted to one son and two daughters - In the meantime children became major - Direction had been issued to recover the amount of maintenance only for the period prior to the sons attaining majority and the daughters getting married - No interference in the impugned order warranted...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Trial Court dismissed application - Appellate Court set aside exparte decree - High Court in revision set aside the order of appellate Court and restored the exparte decree - Held, High Court in revision can interfere only when order of appellate Court is perverse and arbitrary - No such..........
Criminal Procedure Code, 1973, Section 438 -- Interim order - To be passed subject to the final order - Before final order granting anticipatory bail is passed, High Court is required to apply its mind not only with regard to the stage in which the investigation is pending but several other factors including the conduct of the accused...........
Civil Procedure Code, 1908, Order 22, Rule 1 -- Substitution application - Filed before decision of case - Due to inadvertence order not passed - Can be allowed afterwards also - When so allowed judgment cannot be set aside on the ground that it is in favour of a dead person...........
