Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Ex parte temporary injunction - An appeal lies thereagainst and not a petition under Article 227 of the Constitution of India...........
Indian Penal Code, 1860, Section 302, 427, 452, 143, 147, 148, 149, Explosive Substances Act, 1908, Section 3, 5 -- Murder - Recovery of articles at the instance of A-10 to A-13 - Recoveries are said to have been made from house of PW21 having no connection with A-10 - Recovery of such an incriminating article was made from a place that might also be accessible to PW21 is..........
Limitation Act, 1963, Article 109 -- Alienation in this article includes gift...........
Evidence Act, 1872, Section 45, Constitution of India, 1950, Article 20(3) -- Voice sample - Plea of infringement of right of privacy - Supreme Court in exercise of power under Article 142 of the Constitution conceded power to Judicial Magistrate to order giving of voice samples till there is specific provision in the Cr.P.C. - Order directing petitioner to give voice..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A, Limitation Act, 1963, Article 113 -- Amendment of written statement setting up counter claim seeking relief of mandatory injunction - Counter claim sought to be set up after five years of filing of written statement - Suit for mandatory injunction is governed by Article 113..........
Bihar and Orissa Excise Act, 1915, Section 27(1).2(6) -- Excisable article - Power to impose excise duty on import, transport and manufacture - Wastage generated during rectification process was an impure spirit/weak spirit, which was not fit for human consumption - State has no power to levy excise duty on wastage of liquor after distillation as per S.27 of the Act and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 62 gms Methamphetamine - Accused not found in possession of any contraband article - Recovery effected from co-accused - There is no recording of conversation in between accused and co-accused - Mere contacts with co-accused who were found in..........
Specific performance -- Writ petition under Article 226 of the Constitution is not maintainable and/or entertainable for specific performance of the contract and that too after a period of 10 years by which time even the suit for specific performance was barred by limitation...........
Rent and Eviction -- Sub letting - Rent Controller dismissed the petition - Appellate Tribunal reversed the decision - High Court in a petition under Article 227 of the Constitution tested the legality of order of Tribunal through the lens of an appellate body and not as a supervisory Court, which is impermissible - Finding of High Court that appellate forum's decision was..........
Constitution of India, 1950, Article 32, Criminal Procedure Code, 1973, Section 482 -- Writ petition under Art.32 COI to quash and set aside criminal proceedings/FIR - Relief which can be considered by High Court u/s 482 Cr.P.C. not to be considered by Supreme Court in exercise of powers under Article 32 of the Constitution of India...........
