Criminal Procedure Code, 1973, Section 190(1)(b), 227, 245(1), 245(2), Indian Penal Code, 1860, Section 376(2)(g) -- Protest petition rejected and Magistrate took cognizance of offence u/s 376(2)(g) IPC - Order taking cognizance became final - Offence u/s 376(2)(g) IPC is triable by Court of Sessions and Magistrate has no jurisdiction to entertain an application u/ss..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(2), Constitution of India, 1950, Article 226 -- Ad interim injunction order - Appeal thereagainst - Maintainability - Ad interim order of status quo passed u/s 151 - Held, order was passed u/s. 151, CPC, it cannot be inferred that such an order was not capable of being passed..........
Constitution of India, 1950, Article 226, Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908 -- Interim - Nature of - Final relief - Held, interim order should not be of such a nature that by virtue of which a petition or an application is finally allowed or granted even at an interim stage - Normally at an interlocutory stage no such relief..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Police aid - Temporary injunction will become ineffective if police aid not granted as it is not possible for plaintiff to protect his possession - Order granting police aid does not suffer from any illegality or irregularity and the same is in accordance with law...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Eviction suit - Impleadment of pendente lite purchaser - Eviction suit filed by owner - Disputed premises sold during the pendency of suit - Subsequent purchaser sought addition as co-plaintiff - Court below allowed his prayer - Validity - Held, order passed by Court below proper - No interference is called for...........
Civil Procedure Code, 1908, Order 9, Rule 13, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 22(2)(g) -- Ex parte decree - Setting aside of - Whether an appeal against main order deciding a suit on merits is maintainable after dismissal of an application for recalling ex parte order U.O.9.R.13 CPC read with S.22(2) (g) of 1993 Act? - Held,..........
Criminal Procedure Code, 1973, Section 197, 397(2), 482 -- Summoning order of respondent No.3- Stayed by Sessions Judge - Name of respondent No.3 in column who were not challaned which shows that no summoning order could have been passed against respondent No.3 as sanction was required to be taken - Held, summoning order rightly stayed - Interfere with said order not..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - While granting ad interim ex-parte injunction or stay order Court must record undertaking from the plaintiff that he will have to pay mesne profits at the market rate and costs in the event of dismissal of interim application and the suit...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Exparte ad interim injunction - Life of exparte injunction or stay order should be limited so as to discourage the tendency to unnecessarily prolong the matter after obtaining exparte injunction order or stay order...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - As a rule, Court should grant interim injunction or stay order only after hearing the defendant and in case Court has to grant ex parte injunction in exceptional cases, then while granting injunction it must record in the order, that if suit is eventually dismissed, plaintiff will have to pay full..........
