Criminal Procedure Code, 1973, Section 311 -- Order to summon doctor by warrant of arrest - Prosecution not making any effort to produce that witness despite number of adjournments - No justification to make such an order on second application of prosecution...........
Civil Procedure Code, 1908, Section 115, Order 6, Rule 17 -- Revision against order allowing amendment of pleadings - Order allowing amendments ordinarily should not be interfered in revision...........
Constitution of India, 1950, Article 226, 227, Civil Procedure Code, 1908, Section 151, Order 47, Rule 1 -- Civil Court - Inherent power - Order passed in exercise of - Writ jurisdiction cannot be invoked to challenge such order, without availing remedy provided by Code...........
Criminal Procedure Code, 1973, Section 482 -- Prosecution evidence - Closing of - Challenge made by the complainant petitioner of the order passed by CJM of closing of the evidence of prosecution by order because of non-appearance of the prosecution witness - In fact it is the complainants who are affected by closing of the evidence - Magistrate instead of closing the..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Appellants appearing before Executing Court on 20.1.1996 and application to set aside ex parte decree filed on 12.2.1996 - Appellants not disclosing on what information they so appeared - Appellants having knowledge of ex parte decree at least by 29.11.1995 - Application dismissed - Order..........
Co-owner -- Court passed interim order requiring parties to maintain status quo in a suit for prohibitory injunction to restrain defendants from effecting construction on joint land and in case defendants succeeded in effecting construction that structure be demolished and land restored to its original position-Finding that plaintiffs joint owners and also in joint..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Police help to implement order of temporary injunction - When once an injunction order is not carried out, it is always open for the parties to seek police protection to see that the order of temporary injunction is properly implemented...........
Civil Procedure Code, 1908, Section 9 -- Civil Court - Barring of jurisdiction by special statute - Guiding principles are (1) If specifically barred by an express provision of a Special Act then jurisdiction of civil Court shall stand excluded (2) If there is no express provision in a Special Act barring jurisdiction of civil court but an examination of the provisions..........
Civil Procedure Code, 1908, Section 9 -- Civil Court has jurisdiction, if order complained of is a nullity, even when its jurisdiction if expressly or impliedly barred by special statute...........
Criminal Procedure Code, 1973, Section 256, 397 -- Complaint - Absence of complainant - Dismissal of complaint - Since order results in acquittal of accused, appeal and not revision lies - Impugned order passed in revision by Sessions Court restoring complaint is liable to be set aside...........
