Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Police aid - Trial Court besides restraining defendants from creating disturbance, also passed a positive order permitting plaintiff to construct house in question - As long as plaintiff is unable to construct his house, order of trial Court would be rendered ineffectual - It is duty of..........
Criminal Procedure Code, 1973, Section 82 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.84) - Proclaimed offender - Petitioner has immediately moved the present petition showing his inclination to submit himself before trial Court when petitioner came to know about passing of order declaring him proclaimed offender - He can be given one chance to appear before trial..........
Civil Procedure Code, 1908, Section 24, Allahabad High Court Rules, 1952, Rule 5 -- Chapter VIII - Special appeal - Maintainability - Order passed on an application filed u/s 24 CPC is not a judgment so as to maintain an appeal against such an order under Chapter VIII R.5 of Rules - Such an appeal is barred by S.105 CPC - Special appeal, dismissed being not maintainable...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit filed by plaintiff claiming natural succession whereas defendants were claiming title over suit property on basis of Will - Plaintiffs only sought formal amendment in respect of cause of action by stating that cause of action will start from death of testatrix and not from date of execution of Will,..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 348 -- (Criminal Procedure Code, 1973, S.311) - Recalling of witness - Once witness has already been cross-examined and defence has disclosed its stand based on prosecution's own omissions, permitting recall of witness at this stage, would amount to nullify defence established during trial and may prove prejudicial to..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Setting aside order proceeding ex parte - Application to set aside order - Again non appearance - Court passing another `ex parte' order - An application U.O.9.R.7 CPC must be diligently pursued, otherwise ex parte order continues to stand - Trial Court's mistaken description of passing a fresh `ex parte' order does not cure..........
Criminal Procedure Code, 1973, Section 446 -- Surety - Realization warrant - Proceedings u/s 446 Cr.P.C. initiated against appellants as main accused committed a default in not attending Court - Appellants/sureties also did not appear on date fixed despite personal service as such impugned order was passed to realize penalty issuing realization warrant - However, since..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint discloses a clear cause of action, raises contentious questions of fact and seeks adjudication regarding nature, extent and legality of possession - Such issues cannot be brushed aside at the entry gate - Order rejecting plaint set aside...........
Criminal Procedure Code, 1973, Section 362 -- Review/recall of order - Where any petition is dismissed in default, that cannot be termed as judgment - Application for restoration or recall of order is maintainable against such order dismissing petition and prohibition of S.362 Cr.P.C. do not apply...........
Criminal Procedure Code, 1973, Section 362 -- Review/recall of order - Prohibition of S.362 Cr.P.C. is absolute and when judgment has been signed even High Court in exercise of its inherent power u/s 482 Cr.P.C. has no authority or jurisdiction to alter or review the same...........
