Civil Procedure Code, 1908, Order 41, Rule 19 -- Appeal - Dismissal in default - Appeal transferred to Uttaranchal High Court as there was reorganisation of State of U.P. - Non appeared in the transferee Court being unaware of such transfer - Appeal dismissed in default - Matters deserves to be heard on merit - Order of dismissal set aside...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - An order to deposit arrears of rent in Court and to pay interest in case of non deposit - Not an order of `injunction' - A direction to pay money either by way of final or interim order, is not considered to be an `injunction'...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Breach of injunction - Application U.O.39.R.2-A CPC is maintainable only when there is disobedience of any order of injunction granted U.O.39.R.1 or Rule 2 or breach of any of the terms on which the injunction was granted or the order was made...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Breach of injunction - Interim order passed on an application filed by plaintiff - Plaintiff did not complain of any disobedience or breach of the order - Interim order not intended for benefit of co-defendant - Co-defendant has no locus standi to invoke O.39.R.2-A CPC...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Amount due by a garnishee, if disputed has to be determined as if it was an issue in the suit and the court can by an appropriate order determine the extent of liability of the garnishee - In the instant case there was no adjudication of the amount payable by FCI - Plaintiff bank having no complaint or grievance -..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Money decree or order for payment of money - Contempt jurisdiction either under Contempt of Courts Act, 1971 or U.O.39.R.2-A CPC not to be used for enforcement of money decrees or directions/orders of repayment of money - The process and concept of execution is different from process and concept of action for..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Breach of injunction - Exercise of power U.O.39.R.2-A CPC is punitive in nature, akin to the power to punish for civil contempt under the Contempt of Courts Act, 1971 - It has to be proved that there was an order of injunction with a direction to do or desist from doing some specific thing or act - It has to be proved that..........
Criminal Procedure Code, 1973, Section 438 -- Interim order - Since provision of anticipatory bail does not exist in U.P. as such in appropriate cases interim bail should be granted pending disposal of the final bail application, since arrest and detention of a person can cause irreparable loss to a person's reputation - Moreover, arrest is not a must in all cases of..........
Indian Penal Code, 1860, Section 304A, 279, Criminal Procedure Code, 1973, Section 320, 482 -- Compounding of offence - Accused caused death of a person by rash and negligent driving - Case registered u/s 304-A and 279 of IPC - Parties entered into compromise, though offence not compoundable - FIR quashed - Held, High Court has wide powers to quash the proceedings even in..........
Civil Procedure Code, 1908, Section 152, Order 6, Rule 17 -- Correction of decree - Clerical or arithmetical mistake - Trial Court can allow amendment of plaint and correction of judgment and decree of clerical and arithmetical mistake even when decision obtained finality before High Court - Principles governing amendment of decree and that of correction of accident slip..........
