Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution till disposal of second appeal - Eviction decree - There is no scope to pass any blanket stay order without any terms and conditions - Execution of eviction decree stayed till disposal of appeal subject to payment of occupational charges of Rs.10,000/- p.m by tenant...........
Criminal Procedure Code, 1973, Section 190, Indian Penal Code, 1860, Section 306 -- Cognizance - Charge sheet not filed against petitioner - Petitioner summoned as an accused on the basis of statements of first informant, mother of deceased and another brother of deceased recorded u/s 161 Cr.P.C. wherein they stated that petitioner also harassed and assaulted the..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Allegations mentioned in present FIR are same as stated in first FIR which ended in acquittal - Present FIR was lodged after four months of acquittal from first FIR without making out any new case or new cause of action - Such implication by way of..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Power u/s 319 Cr.P.C can be invoked and exercised before pronouncement of order of sentence...........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Court while exercising revisional jurisdiction only interfere if there is any illegality or infirmity apparent on the face of judgment/order passed by Courts below or the same are perverse - Merely because another view in the matter is possible, same cannot be made a basis for interference in impugned judgment...........
Criminal Procedure Code, 1973, Section 196, Indian Penal Code, 1860, Section 295A -- Sanction for prosecution - Offence u/s 295-A IPC - No sanction has been given in accordance with S.196 Cr.P.C - Order taking cognizance and summoning of applicant to face trial for commission of offence u/s 295-A IPC without obtaining mandatory sanction as provided u/s 196 Cr.P.C. is not..........
Civil Procedure Code, 1908, Order 33, Rule 2, 5(a) -- Permission to sue as indigent person - Requirement of O.33 CPC is not only the schedule qua immovable property but the same also comprises of movable properties - Application decided only on the basis of immovable properties ignoring the fact that there was no proof of movable property - Impugned order set aside -..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Status quo order - Disobedience - No evidence on record that defendant had actually interfered in possession of plaintiff and caused any destruction of crops - Order directing defendant to undergo civil imprisonment for a period of one year, set aside...........
Criminal Procedure Code, 1973, Section 401(2), 156(3) -- Revision - High Court allowed revision with a direction to register FIR but proposed accused not served with notice of revision proceedings - Impugned order set aside - Matter remitted back to High Court for decision afresh in accordance with law...........
Civil Procedure Code, 1908, Order 43, Rule 1(d), Civil Procedure Code, 1908, Order 9, Rule 13 -- Appeal U.O.43.R.1(d) CPC - Against an order refusing to set aside ex parte award passed in proceedings under Motor Vehicle Act - Not maintainable in the absence of there being any express provision in that regard provided under Rajasthan Motor Vehicle Rules...........
