Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 409, 468, 471 -- Bank fraud to the tune of 50 crores - Accused in jail for 2-1/2 years - Charge sheet filed - Trial to take long time as 150 witnesses cited - Since huge amount is involved in the systematic fraud, there is danger of appellants absconding, if released on bail, or will attempt to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Encroachment - Removal - Plaintiff directed to remove his encroachment from disputed land in ejectment proceedings - Appeal not preferred against such an order - Plaintiff failed to prove prima facie case - Injury likely to be caused by ejectment of plaintiff was taken care of by State by offering..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Injunction - Violation - Service of order of injunction - Formal service need not to be proved - It is enough if the party had knowledge about the order of injunction...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Injunction - Order violated - Undue advantage taken by flouting the order of injunction - Court has inherent power to restore status quo ante or to disgorge the ill gotten advantage obtained through breach of Court order...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Interim injunction - Parties to respect the order so long such order is in force, even if the order is subsequently vacated...........
Indian Penal Code, 1860, Section 406, 498A, Criminal Procedure Code, 1973, Section 397, 401 -- No allegation as to entrustment of stridhan or dowry articles and no allegation as to refusal to return the same - No allegation that any particular dowry article was ever demanded by petitioner - Offence u/s 406, 498-A IPC not made out even if allegations in complaint are taken..........
Civil Procedure Code, 1908, Section 24 -- Transfer petition - Pending - Interim order also prayed for - Competency of court to pass interim order - Competent - Interest of justice and prevention of injustice also paramount with the court...........
Criminal Procedure Code, 1973, Section 73 -- Accused in judicial custody pursuant to order of competent Court - Power u/s 73 Cr.P.C. cannot be invoked to get his custody for investigation in other cases - Power u/s 73 can be exercised only against a person who is within its local limits and also against a person who is evading arrest or escaping from arrest as an escaped..........
Civil Procedure Code, 1908, Order 20, Rule 11 -- Executing Court has no power to order the payment of decretal amount in instalments - However, keeping in view the heavy rains causing damage in the area, J.D. permitted to make payment in two instalments...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Change of plot number on account of finalisation of Town Planning Scheme - Delay - Structure of suit will not change - Delay does not go to the root of the matter - Order allowing amendment - Petition against - Dismissed...........
