Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising construction of balcony on agricultural land belonging to plaintiff - Defendant was raising construction on plots purchased by him - If he was restrained from raising construction by temporary injunction, then he would suffer irreparable loss - Plaintiff is having..........
Civil Procedure Code, 1908, Section 64(2) -- Scope - To get benefit of S.64(2) CPC, objector and/or subsequent purchaser has to plead and prove that he is the bona fide purchaser, who has entered into the transaction prior to the order of attachment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Relief originally claimed and relief as sought to be added mutually destructive and contradictory to each other - Held, amendment in pleadings, by way of adding mutually destructive inconsistent/contradictory pleas/relief/claims is not permissible - Order dismissing application, upheld...........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Notice to opposite party - Court can issue notice to the opposite party on an application filed U.O.11.R.1 CPC seeking leave to serve interrogatories before deciding whether to grant or refuse to grant leave...........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101 -- Execution - Objections by third party - Executing Court is not obliged to determine a question merely because resistor or objector has raised it - Question which executing Court is obliged to determine U.O.21.R.101 CPC must possess two adjuncts: (a) such question should have legally arisen between parties..........
Civil Procedure Code, 1908, Order 22, Rule 3, 3A -- Compromise decree - Setting aside - Compromise recorded in a suit lawfully or unlawfully cannot be assailed by separate suit - Only forum is same Court which passed the decree based on compromise...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 498A, 307, 34 -- Bail - Cruelty - Accused arrested after non-bailable warrants issued against him - However, summons issued by trial Court were not served on him, as he had shifted his residence - Accused has no knowledge regarding the fact that charge sheet was filed against him and that summons..........
Indian Penal Code, 1860, Section 363, 366, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Kidnapping - Victim had clearly stated that she was neither taken away nor induced and that she had left her home of her own free will - S.366 IPC would come into play only where there is a forceful compulsion of marriage, by kidnapping or by inducing a woman -..........
Criminal Procedure Code, 1973, Section 482 -- Transfer of investigation to CBI - Affidavits indicate that investigations in individual matters were and are being conducted and in accordance with law - No case is therefore made out for transferring investigation to CBI - Application dismissed...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Period during which accused was released on temporary bail cannot be computed for purposes of reckoning the period of 180 days...........
