Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Section , Order 43, Rule 1(r) -- Temporary Injunction - Scope of interference in appeal - Appellate Court is required to interfere in order passed by the Trial Court on application under order 39 Rules 1 & 2 for temporary injunction when Trial Court acts arbitrarily, capriciously or perversely in..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim order - Implementation - Police help - Final interim order can be got executed through police agency in exceptional circumstances by invoking the inherent powers in terms of S.151 of the Code...........
Indian Penal Code, 1860, Section 406, 420, Criminal Procedure Code, 1973, Section 156(3) -- Civil liability - Complaint before Magistrate u/ss 406/420 IPC - Agreement between complainant and accused that raw coffee was to be supplied by complainant - Coffee was to be cured by accused - Accused got the coffee cured from other curers - Breach of agreement - No allegation..........
Criminal Procedure Code, 1973, Section 156(3), 482 -- Direction to police to investigate u/s 156(3) Cr.P.C. - Dispute purely of a civil nature - No mention in complaint as to dishonest intention or intention of cheating - Order of Magistrate directing investigation u/s 156(3) Cr.P.C. quashed...........
Civil Procedure Code, 1908, Order 34, Rule 8(1), Limitation Act, 1963, Article 137 -- Mortgage & other than usufructuary - Suit for possession by way of redemption - Limitation for getting the final decree passed - Limitation is three years from the date fixed in the preliminary decree, unless it is stayed or suspended or the time prescribed in the preliminary decree is..........
Civil Procedure Code, 1908, Order 41, Rule 1 -- Receiver - Appointment - Cannot be equated with issuance of an order of injunction - In case of order for injunction prima facie case has to be shown but in case of appointment of receiver prima facie case is not sufficient - Plaintiff has to show that he has a very excellent chance of succeeding in suit...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Signatures alleged to be forged - Application for production of bills and challans by complainant - Dismissal of application - Order not proper - However, order not interfered with in revision as accused participated in trial and cross examined all witnesses -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205, 317 -- Dishonour of cheque - Exemption from personal appearance - Dismissal of application - Reasons not assigned - Court while passing an order is required to assign reasons for the conclusions arrived at - Impugned order set aside - Court to decide application afresh...........
Criminal Procedure Code, 1973, Section 204 -- Summoning order - Application of mind - The fact that the Court had taken cognizance itself is an act of application of mind...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Conditions imposed - Cannot overlive the life of anticipatory bail order - When regular bail is obtained then it is the conditions which Magistrate imposed are applicable and not the conditions which were imposed while granting anticipatory bail...........
