Criminal Procedure Code, 1973, Section 482 -- Stay of arrest - In a proceeding u/s 482 Cr.P.C. - Oral direction - Illegal - Issuing oral directions restraining arrest, does not form part of judicial record and must be eschewed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining defendant from raising construction upon suit property - Construction carried out by defendant upon suit property is in accordance with approved plan, as per Municipal bye laws/rules etc. and at the place where defendants old structure earlier existed - There is thus, no dispute between..........
Criminal Procedure Code, 1973, Section 125(3), 128 -- Maintenance order - Enforcement - Limitation of one year - Applicable only in case of issuance of warrant for recovery - Limitation of one year does not create a fetter on the right to claim enforcement u/s 128 of the Code...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22C, 27A, 61, 85, Criminal Procedure Code, 1973, Section 167(2) -- Recovery of 4 kg 400 gms Alprazolam Tablets - Default bail - Repeated extension of time on same ground by trial Court, treated as mechanical orders passed by trial Court - No exceptional circumstances were revealed which could have indicated why..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - A party who is proceed ex parte can join the proceedings at the stage at which it is pending - However, when such party seeks to join the proceedings at the stage at which he was proceeded ex parte then such party has to establish sufficient cause with satisfactory explanation for absence and..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence at appellate stage - Appeal decided without deciding application U.O.41.R.27 - Impugned judgment and decree set aside - Matter remitted for decision afresh in appeal alongwith application U.O.41.R.27 CPC...........
Criminal Procedure Code, 1973, Section 407 -- Transfer of murder case - Apprehension which has been made basis to seek order for transfer of case pending before Court below is absolutely weak and cannot be remotely said to be reasonable - No sufficient ground to transfer of case - Application dismissed...........
Civil Procedure Code, 1908, Section 92 -- Public trust - Leave to institute suit u/s 92 CPC - Non-issuance of notice to proposed defendant before granting leave to suit u/s 92 CPC will not render the suit invalid since an order granting leave to suit does not prejudice rights of proposed defendant in suit - Proposed defendant has opportunity to lead evidence and establish..........
Civil Procedure Code, 1908, Section 92 -- Leave to institute suit u/s 92 CPC - Public trust or private trust - Trust deed stipulates that proceeds of property of trust must be utilized for maintenance of temple - Income of trust is to be utilized for discharging Government revenue - Trust deed prohibits trustees from transferring any property of trust and further not to..........
Civil Procedure Code, 1908, Section 92 -- Public trust - Leave to institute suit u/s 92 CPC - Locus to file suit - Plaintiffs belong to family of Founder of Trust and used to visit the temple for darshan and pooja of deity - Moreover, trustee has ample opportunity to lead evidence to disprove the statement of plaintiff that they belong to family of founder of Trust -..........
