Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Mere denial of execution of promissory note is not enough to grant leave to defend without condition of security - No interference warranted in order granting leave to defend on furnishing security...........
Criminal Procedure Code, 1973, Section 256, 401 -- Order of acquittal passed u/s 256 - Revision thereagainst - Maintainable - Held, court has jurisdiction to examine legality of impugned orders passed u/s 256, Cr.P.C. in revision applications...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Injunction - Disobedience or breach - Jurisdiction - A subsequent decision that the Court had no jurisdiction to entertain the suit does not render interim orders passed earlier non est or without jurisdiction - A party committing breach of such orders cannot escape the consequences of such disobedience and violation..........
Civil Procedure Code, 1908, Section 94(c), Order 39, Rule 2-A, Contempt of Courts Act, 1971, Section 12, 2(b) -- Order prohibiting creating any interest in favour of third party either by sale, mortgage, transfer, assignment, gift or 'in any other manner whatsoever' - Held, entering into an agreement or acceptance of full or even part consideration is hit by said order and..........
Criminal Procedure Code, 1973, Section 446 -- Bail bond - Forfeiture - Order to recover amount of bail bond to the tune of Rs.25, 000/- - Recovery reduced to Rs.5, 000/- - As amount is already deposited accused to apply for refund of the balance amount...........
Criminal Procedure Code, 1973, Section 389 -- Suspension of conviction during pendency of appeal - Appellate Court suspending conviction without recording any reasons - Order set aside...........
Criminal Procedure Code, 1973, Section 145 -- Breach of peace - Attachment of property - Preliminary order passed by Magistrate does not disclose any steps as required u/s 145 Cr.P.C. - Final order passed by him also does not disclose contentions of parties, or documents filed by them or findings of Magistrate on each of the contentions - Held, Magistrate on receiving..........
Criminal Procedure Code, 1973, Section 439(2) -- Bail - Cancellation - Cancellation of bail is a harsh order because it takes away the liberty of an individual granted and is not to be lightly resorted to...........
Civil Procedure Code, 1908, Section 34 -- Interest - Money suit - Court may in the decree order interest at such rate as the Court deems reasonable to be paid on the principal sum adjudged, from the date of the suit, till the date of the decree in addition to any interest adjudged on such principal sum for any period prior to the institution of the suit, with further..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Conviction by trial Court but acquittal by High Court - Appeal against - Held, that appellate Court has full power to review, appreciate and reconsider the evidence upon which order of acquittal is founded - There is no limitation on exercise of such power and an appellate Court on the evidence before..........
