Civil Procedure Code -- A and Section 105 - Non - appealable interlocutory orders - Party aggrieved by interlocutory order - Given - a right only in appeal against decree to contend that such order should not have been made...........
Civil Procedure Code, 1908, Section 115(1), Order 18, Rule 17A - - Revision against order dismissing application for additional evidence - Not maintainable - Order does not fulfil requirement of clause (a) nor that of irreparable injury postulated in clause (b) of Proviso to Section 115(1) - Petitioner if fails in suit entitled to challenge in appeal against decree under..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420 -- Quashing of FIR - Petition for - Contention that the dispute between the parties was of civil nature - Final report under Section 173 of the Code already submitted and trial going on - Order framing of charge not challenged in a court of competent jurisdiction - No grounds made out for..........
Civil Procedure Code, 1908, Section 115, Order 39, Rule 1, 2 -- Trial Court and Appellate Court came to the conclusion that plaintiffs not entitled for interim injunction - Orders passed by Courts below based on prima facie valid evidence and cannot be said to be arbitrary or perverse - Does not call for interference in revision under Section 115...........
Consumer Protection Act, 1986, Section 2, 14 -- Criminal Procedure Code, 1973, Section 161 - Disputed question of facts - Dispute regarding looting of the cash of the bank including the amount alleged to have been deposited by the complainant - Statement of a witness recorded during the investigation of the case by the police under Section 161 cannot be made use of, in any..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Suit for mandatory injunction directing defendant to stop user of shop in dispute - Provisions of Order 15 Rule 5 not applicable - Order directing defendant to deposit arrears of compensation at specified rate per month - Set aside - Specific Relief Act, Section 39...........
Criminal Procedure Code, 1973, Section 439 -- Bail - FIR under Section 20/61/85 of NDPS Act - Contention that accused was given offer of Gazetted Police Officer or Magistrate - The independent witness joined is a pocket witness of the prosecution - Held that Gazetted Police Officer also falls within the category of Gazetted Police Officer mentioned in the Section 50 of the..........
Civil Procedure Code -- Defendants 3 and 4 impleaded as parties inspite of objection of plaintiffs and thereafter fresh issues framed - No statement of plaintiff that evidence already recorded be read in evidence - Defendants 3 and 4 neither parties to framing of earlier issues nor any earlier evidence recorded in their presence which could be said to be evidence in law..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 364, 346, 466, 201, 218, 120B -- Cancellation of bail - Proper facts not brought before the Court at the time of getting bail of respondent No.2 who is Deputy Superintendent of Police - Order granting bail to respondent No.2 recalled and bail application under Section 439 of the Code rejected...........
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(e), Criminal Procedure Code, 1973, Section 167(5) -- As amended by Section 4 of West Bengal Act 24 of 1988 - Non completion of investigation within prescribed time of 2 years - Discharge - Time to commence either 'from the date of arrest of the accused or the date when he made his appearance in Court' - Means only..........
