Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 1, Rule 10 -- Temporary injunction - Restraint order passed against appellants whose application for impleadment was pending - Restraint order cannot be passed against a person who is not party to the litigation as it is against basic tenets of law besides gross violation of principles of..........
Indian Penal Code, 1860, Section 363 -- Kidnapping - Informant submitted pure and simple missing report to Police officer - There is no allegation that person missing was kidnapped by anyone - There is also no report that person missing is under the age of 18 years or is of unsound mind - On the contrary age of missing person is reported to be 22 years - In such..........
Income Tax Act, 1961, Section 80HH, 80A -- Computation of deductions - While computing deductions, it is to be available out of gross profits and gains i.e before computing income as specified in Ss.30 to 43-D of the Act...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Execution - Stay of - Declaratory suit pending against DH - Petitioner filed an application for grant of probate before District Judge on basis of Will in his favour, which was dismissed - Even testamentary case filed by petitioner also dismissed - Petitioner in order to create complication and delay execution proceedings..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Income - Deductions from gross pay would only be those which are statutorily allowed - Any repayment of personal loans cannot be agitated as legitimate deduction from his net salary...........
Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Cheating - Quashing of FIR and stay of arrest - There is no averment that police is not following law or is going to make any arbitrary and illegal arrest of petitioner - No case of gross miscarriage is pleaded or demonstrated - Moreover, manner in which petitioner prays that his arrest should be stayed at the best can..........
Easements Act, 1882, Section 33 -- Violation of easementary rights - Suit for declaration and permanent prohibitory injunction - Plaintiff earlier filed suit in which plea of adverse possession was taken by her - Plea of easementary rights in the teeth of earlier suit in which plea of adverse possession was taken, is not available to her, as both the pleas are vertically..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of charas - Non compliance of S.50 of the Act - Police became apprehensive and started search of person of accused - Mid way of the search accused was informed that she has right to be searched in the presence of a Gazetted Officer or a Magistrate - No consenting letter prepared at the spot - This..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Bail to juvenile - Kidnapping and murder case - Petitioner was 17 years of age on the date of occurrence - He was just about to reach the age of majority - Victim of offence of kidnapping and murder was also a child of age of 16 years - If bail is granted to petitioner then it will be a gross..........
Criminal Procedure Code, 1973, Section 374 -- Appeal against conviction - Delay - Condonation - Delay of 74 days in filing of appeal - Period of limitation for filing appeal is 60 days - Satisfactory grounds have been furnished for delay to which personal pre-occupation of counsel also comprised a contributory factor - There is no gross negligence or deliberate inaction or..........
