Civil Procedure Code, 1908, Section 47, Order 21, Rule 15 -- Execution - Joint decree - Joint decree can be executed as a whole since it is not divisible and it can be executed in part only where the share of the decree holders are defined or those shares can be prescribed or the share is not is dispute as the executing Court cannot find out the shares of the decree..........
Criminal Procedure Code, 1973, Section 437, 439, 167(2) -- Non filing of charge sheet within 90 days - Bail - Accused arrested u/s 15 of NDPS Act at Rajasthan - While under detention in relation to another case he was recorded as arrested in M.P. State in a similar case - Bail granted by Rajasthan Court - M.P. Court refused bail u/s 167(2) on ground he was not produced..........
Civil Procedure Code, 1908, Section 9 -- Mismanagement and misutilising funds of the Municipal Council by its Officers - Suit filed against Municipal Council - Mandatory injunction sought against the State Government and the Collector to take necessary action against the defendants - Municipal Council Act providing for machinery for redressing grievance as made - There..........
Civil Procedure Code, 1908, Section 115 -- Maintainability of revision against interim order - If interim order will occasion a failure of justice or cause irreparable injury to the party against whom it was made - Section 115 must come to the rescue of aggrieved party - High Court cannot fail in its duty in not interfering in those cases - Mere fact that such order can be..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 - - Temporary or ad interim injunction - Power of Court not only arises from provisions of Order 39 or under provisions of Specific Relief Act - Cases not covered under Order 39 - Court can still grant injunction under Section 151 - Inherent power of Court to grant injunction to meet ends of justice or to prevent..........
Criminal Procedure Code, 1973, Section 397 -- Scope - The very object of conferring revisional jurisdiction upon the superior criminal courts is to correct miscarriage of justice arising from misconception of law or irregularity of procedure - Discretion in the exercise of revisional jurisdiction should, therefore, be exercised within the four corners of Section 397,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 245 -- Dishonour of cheque - Complaint - Trial commenced and one P.W. examined - Trial Court cannot discharge the accused under Section 245 Cr.P.C. once trial has commenced...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court can exercise its jurisdiction under Section 100 CPC only on the basis of substantial questions of law which are to be framed at the time of admission of the second appeal and the second appeal has to be heard and decided only on the basis of such duly framed substantial questions of law...........
Civil Procedure Code, 1908, Section 153 -- Suit against a dead person - Plaintiff can seek amendment of the plaint under the provisions of Section 153 CPC and implead the L.Rs. of the deceased as parties to the suit if the suit is not barred when the application for amendment was made...........
Civil Procedure Code, 1908, Section 153 -- Suit filed against a dead person - Nullity - Plaintiff on coming to know of death of defendant - Can seek amendment of plaint under Section 153 and implead legal representatives of deceased as parties to suit if suit not barred when application for amendment made...........
