Civil Procedure Code, 1908, Order 21, Rule 97 -- Application U.O.21.R.97 filed on 14.10.2003 but Court did not pass any order and posted it for orders on 1.11.2003 - However, on 14.10.2003 order for execution of decree with police help passed - Application U.O.21.R.97 CPC will be deemed to have been dismissed...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Obstructor - Not clear as to what is his position - Order as to enquiry to ascertain position of obstructor - No illegality or irregularity in order...........
Civil Procedure Code, 1908, Section 24 -- Obstructor filed application U.O.21.R.97 - Application kept pending for orders - However, order for execution of decree with police help passed - No bias on part of executing Court - No case for transfer...........
Civil Procedure Code, 1908, Order 21, Constitution of India, 1950, Article 226 -- Order passed in writ petition - Enforcement of - Execution proper remedy - Contempt proceedings could never be substitute for execution proceedings...........
Civil Procedure Code, 1908, Order 21, Constitution of India, 1950, Article 226 -- Order passed by writ Court - Execution application before Civil Court - Not maintainable...........
Criminal Procedure Code, 1973, Section 340, 195, Indian Penal Code, 1860, Section 193, 195 -- Perjury - Court cannot directly order prosecution - Court after holding preliminary inquiry if comes to the conclusion that there is a prima facie case and there is reasonable probability of conviction, should make a complaint in writing and forward to the first class Magistrate..........
Criminal Procedure Code, 1973, Section 133 -- Manufacturing unit adjacent to residential houses - Unbearable sounds produced for cutting and bending of iron & steel - Contention that unit was established under licence granted by District Industries Centre & that Magistrate did not himself visit site - Order passed by Magistrate not only on report of police but on basis of..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- (As amended by Act of 1999) - Filling written statement - Delay - Written statement filed after delay of 154 days - Delay not explained - Order of trial Court declining to take written statement - Proper...........
Criminal Procedure Code, 1973, Section 125, 311 -- Additional evidence - Maintenance - At the stage of final arguments wife seeking to produce additional evidence - Order allowing application for additional evidence without even naming which witness had to be examined - Magistrate had not even mentioned as to which witness was to be summoned and apart from this valid..........
Criminal Procedure Code, 1973, Section 378 -- Acquittal - Appeal against - In a case where two views are possible, one of acquittal and the other of conviction, the higher court should not interfere with the order of acquittal...........
