Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C - Magistrate has come to the conclusion that there was no breach of peace - Matter related to title dispute which is pending adjudication before Civil Court and question of title can be decided by Competent Court - Magistrate rightly closed the proceedings...........
Civil Procedure Code, 1908, Section 92, 151, 11 -- Leave u/s 92 CPC - Dismissal of application for revocation by High Court - Defendants are estopped under law to agitate same matter again before District Judge after being defeated on contest from High Court...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Obstructer who seeks to resist execution of a decree must demonstrate an independent right, title or interest in the property that is subject matter of decree - Claim of such a third party can only be adjudicated if title asserted is shown to be superior or at least independent of title..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Objectors are not asserting any independent title rather they are admittedly tracing their right and title through their vendor - However, title of vendor is negated judicially - Objectors therefore, steps into the shoes of a person whose claim to title was already judicially negated -..........
Civil Procedure Code, 1908, Order 39, Rule 3 -- Ex parte interim injunction - Trial Court while granting ex parte interim injunction has not considered the suit in its entirety - It has not even recorded existence of a prima-facie case, balance of convenience or irreparable hardship, three sine qua non for grant of mandatory injunction - No reasoning as has been mandated..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration and injunction - Entire allegation has been made only against defendants - There is no basis or ground made out for impleadment of defendant Nos.3 and 4 from a careful reading of plaint - Merely because defendant nos. 1 & 2 have purchased property from defendant Nos.3 and 4, it..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of sole plaintiff - Order passed against dead person is a nullity - Mere fact that counter affidavit was filed by one of legal heirs would not clear the defect of order being passed against a dead person - Without the cause title being amended and legal heirs being brought on record in interlocutory applications at that..........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Appointment of commissioner - Commissioner cannot be appointed solely for the purpose of collecting evidence - Rather, appointment is restricted to purposes of detention, preservation and inspection of subject matter of suits...........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Appointment of commissioner - Commissioner cannot be appointed to find out whether constructions were on road or beyond sanctioned plan - Same can be proved through documents and witnesses to be examined by plaintiffs during course of trial - Application rightly rejected...........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Arrest and detention - Issuance of notice U.O.21.R.37 CPC is mandatory - Straight away order of warrant of arrest cannot be issued...........
