Criminal Procedure Code, 1973, Section 468(2), 482 -- Quashing of proceedings - Investigation not completed within limitation period - Occurrence took place on 3.11.2020 and FIR was registered on 4.11.2020 - Case of petitioners to invoke S.468(2)(c) Cr.P.C. is misconceived one, as language used in said section is that `no Courts shall take cognizance of offence' -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Claim of plaintiff is based on agreement to sell - Plaintiff was not able to prove prima facie case in his favour - Merely by producing photographs etc. petitioner could not prove his possession over plot in dispute - Defendants produced a number of documents to demolish case of plaintiff and were..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Court must satisfy three essential prerequisites before granting an interim injunction i.e: (i) existence of a prima facie case in favour of applicant evincing a reasonable probability of success at trial; (ii) balance of convenience lies in favour of granting injunctive relief; and (iii) applicant..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Appellant is incontrovertibly absolute owner of property with disputed area constituting merely a fraction of entire premises - He has already entered into an agreement to redevelop the property - In these circumstances, restraint imposed by impugned injunction order significantly circumscribes..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - While deciding an application for interim relief there was no occasion for High Court to consider the documents - Legality, validity, and admissibility of those documents were matters to be considered in the suit during trial...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Order refusing to grant injunction - High Court against order of Trial Court refusing to grant injunction pending disposal of suit, could not have dismissed substantive portion of suit itself and direct that remaining part of suit be agitated in a suit filed by defendant - Approach adopted by High Court is completely..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 376(2)(n) -- Framing of charges - Rape - Promise to marriage - Not even single averment made in complaint that accused refused to marry victim or that marriage between them became impossible - Even, parties maintained relationship for 5 long years which makes it difficult to hold that sexual..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo order - Parties directed to maintain status quo on spot viz. possession - Such order does not put any fetters upon parties to raise construction on the suit property - There is no need for any party to seek permission of Court for raising construction over portion of suit property which was in their possession -..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - Fraud - When fraud is alleged, plaintiff must set forth particulars of fraud which he alleges...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 167(2) -- Recovery of brown sugar - Default bail - Charge sheet filed without Chemical Examination Report - A chargesheet filed within time but without a Chemical Examination Report, does not entitles the accused from getting default bail...........
