Civil Procedure Code, 1908, Order 17, Rule 2, 3 -- Closing of evidence - It is an order of serious consequence - Normally such an order should be preceded by the order of lesser gravity - It will always be appropriate to impose costs before closing evidence of a party...........
Civil Procedure Code, 1908, Section 115 -- Order refusing to set aside auction sale - Revision against order is maintainable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Police help to enforce order of temporary injunction - Court is not precluded from directing police to extend help for enforcement at instance of party apprehending disobedience of Court's order - Court has inherent powers to pass appropriate order to ensure enforcement of its order...........
Civil Procedure Code, 1908, Section 115 -- No order adverse to the interest of petitioner passed by trial Court - Petition is not maintainable...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Plea in written statement that property was partitioned somewhere in 1974 and since then the parties were in exclusive possession of the partitioned share - Proposed amendment is in the nature of denial of any physical partition even consequent to the deed of exchange - As the right accrued to..........
Civil Procedure Code, 1908, Section 94(b), 151 -- Security for suit claim - Suit for recovery of money - Court has inherent power to issue direction for furnishing security for the suit claim in order to prevent ends of justice from being defeated...........
Criminal Procedure Code, 1973, Section 451 -- Release of property - Application for - Rejection of - Validity - Application rejected solely on ground that accused was absconding - However, record shows that accused was never absconding and has been admitted into AIIMS, New Delhi - Held, rejection of application not justified - Trial Court directed to consider application..........
Criminal Procedure Code, 1973, Section 451 -- Custody of property - Motor vehicle lying in compound of police station - Held, vehicle cannot be allowed to remain in compound of Police Station exposed to heat and cold because automobile is likely to be lost to all in such situation - Temporary custody of motor vehicle directed to be given to ostensible name holder in..........
Civil Procedure Code, 1908, Order 17, Rule 2, 3 -- Closing of evidence - It is an order of serious consequence - Normally such an order should be preceded by the order of lesser gravity - It will always be appropriate to impose costs before closing evidence of a party...........
Civil Procedure Code, 1908, Order 11, Rule 1, 2 -- Interrogatories - Interrogatories should be closely related to the matter in question in the suit - Lower Court did not refer to any of the interrogatories sought to be delivered and whether they are related to the matter in question - Order passed contrary to law laid down in O.11.Rr.1, 2 CPC - Not legal - Matter remitted..........
