Civil Procedure Code, 1908, Order 39, Rule 1 -- Exparte interim injunction - Writ petition against such order - Held, Writ Court should direct party to avail himself of remedies available under Code of Civil Procedure before he resorts to Constitutional remedy...........
Consumer Protection Act, 1986, Section 13(4), Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of complaint - Held that the Commission has no powers to entertain an amendment application under Order 6 Rule 17 CPC...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Court Commissioner - To ascertain as to who is actually in possession - Tantamounts to collecting evidence regarding possession - Order of trial Court appointing Court Commissioner, set aside...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Order of temporary injunction - Can be executed with help of police when plaintiff is dispossessed from suit land inspite of ad interim injunction order...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Defendant restrained from disturbing the possession of plaintiff - Enforcement - Police help - Direction to police to ensure compliance of order - Order of trial Court upheld...........
Civil Procedure Code, 1908, Section 152, Order 23, Rule 3 -- Compromise decree - Court after passing the decree can go into the terms of settlement and interpret the same in the manner as prescribed - Such action on the part of Court is neither beyond the scope as prescribed under S.152 of CPC nor substantial variation or modification of the order which can go to the root..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Execution or pronote and receipt denied and that defendant never received any consideration - Amendment sought to plead that defendant did execute pronote and receipt but without consideration - Amendment if allowed would displace the plaintiff's line of action and the defendant's defence -..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Any person can be impleaded as party to the suit provided his presence is necessary in order to enable the Court to effectively and completely adjudicate upon and settle all the questions involved in the suit - Avoidance of the multiplicity of proceedings is also one of the objects of the said..........
Criminal Procedure Code, 1973, Section 306, 307 -- Pardon to accomplice - By trial Court - Distinction between Ss.306 and 307 - Plea that statement of accomplice is required to be recorded first in Court of Magistrate and subsequently in trial Court - Not tenable - Section 306 is applicable where order of commitment has not been passed - Section 307 is applicable in cases..........
Indian Penal Code, 1860, Section 53, Criminal Procedure Code, 1973, Section 432, 433A, West Bengal Correctional Service Act, 1992, Section 61(1) - - Expln. - Life imprisonment - Release of convict - Held, solely on basis of completion of a term in jail serving imprisonment and remissions earned under relevant rules or law will not entitle an automatic release - Appropriate..........
