Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Police aid - Mere filing of an appeal cannot and does not operate as a stay of order appealed against - So, merely because order of injunction has been challenged before higher forum does not ipso facto mean that order of appealed against no longer exists, unless of course an order of stay..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Police aid - Trial Court besides restraining defendants from creating disturbance, also passed a positive order permitting plaintiff to construct house in question - As long as plaintiff is unable to construct his house, order of trial Court would be rendered ineffectual - It is duty of..........
Criminal Procedure Code, 1973, Section 82 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.84) - Proclaimed offender - Petitioner has immediately moved the present petition showing his inclination to submit himself before trial Court when petitioner came to know about passing of order declaring him proclaimed offender - He can be given one chance to appear before trial..........
Civil Procedure Code, 1908, Section 24, Allahabad High Court Rules, 1952, Rule 5 -- Chapter VIII - Special appeal - Maintainability - Order passed on an application filed u/s 24 CPC is not a judgment so as to maintain an appeal against such an order under Chapter VIII R.5 of Rules - Such an appeal is barred by S.105 CPC - Special appeal, dismissed being not maintainable...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit filed by plaintiff claiming natural succession whereas defendants were claiming title over suit property on basis of Will - Plaintiffs only sought formal amendment in respect of cause of action by stating that cause of action will start from death of testatrix and not from date of execution of Will,..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 348 -- (Criminal Procedure Code, 1973, S.311) - Recalling of witness - Once witness has already been cross-examined and defence has disclosed its stand based on prosecution's own omissions, permitting recall of witness at this stage, would amount to nullify defence established during trial and may prove prejudicial to..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Setting aside order proceeding ex parte - Application to set aside order - Again non appearance - Court passing another `ex parte' order - An application U.O.9.R.7 CPC must be diligently pursued, otherwise ex parte order continues to stand - Trial Court's mistaken description of passing a fresh `ex parte' order does not cure..........
Criminal Procedure Code, 1973, Section 446 -- Surety - Realization warrant - Proceedings u/s 446 Cr.P.C. initiated against appellants as main accused committed a default in not attending Court - Appellants/sureties also did not appear on date fixed despite personal service as such impugned order was passed to realize penalty issuing realization warrant - However, since..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Order dismissing application U.O.26.R.9 CPC - Revision - Maintainability - Revision not maintainable against an order dismissing an application for appointment of a Local Commissioner, as an order refusing to appoint a Local Commissioner does not decide any issue nor does it adjudicate any rights of parties for the purpose of..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Once it was established that DH's father was tenant of suit property, finding that DH succeeded to tenancy and remained in possession was rightly affirmed - Petitioners are presently in possession of suit land, thereby clearly demonstrating that DH was dispossessed in violation..........
