Civil Procedure Code, 1908, Section 148A(1), Order 39, Rule 1, 2, 3 -- Party lodging caveat under Section 148-A(1) - Court to serve notice of application for injunction to caveator - Court has no jurisdiction to grant ex parte injunction order unless conditions prescribed therein are complied with - In view of provisions of O.39.R.3 and Section 148-A which make a mandatory..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Partner - Whether ceased to be a partner - Held, it is not the relevant question which can be gone into in the proceedings under Section 482 of the Code...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 7 -- Threat to change nature of land, to cause injury to subject-matter of suit or to cause comparative inconvenience or hardship to party - Civil Court to direct the parties to maintain status quo till the clouds of rights and liabilities of the parties are finally decided in the suit on merits - If matter be outside..........
Civil Procedure Code, 1908, Section 144, 151 -- Eviction order - Appeal - During pendency of hearing of stay application D.H. undertaking not to execute decree till hearing of stay application - J.D. dispossessed on same day in execution proceeding - J.D. ordered to be put back in possession by invoking powers under Section 151 CPC - Held, S.144 is not applicable in such..........
Civil Procedure Code, 1908, Section 92, 115 -- Permission to sue - Order passed without giving opportunity of hearing to defendants - Neither illegal nor amounts to material irregularity in eyes of law - As such, no revision against that order is maintainable - Moreover, requirement of giving notice in disposal of application under Section 92 is merely a rule of caution..........
Civil Procedure Code, 1908, Section 115, 141, Order 22 -- Provisions of O.22 are not applicable to revision proceedings - Legal representatives of a deceased party in revision proceedings can be impleaded by invoking section 151 of the Code...........
Civil Procedure Code, 1908, Section 115 -- After insertion of provisos (a) & (b) of sub-section (1) of S.115 defendant revisionist is not required to establish merely jurisdictional error as contemplated under sub-section (1)(a), (b) and (c) of S.115 CPC but he is further required to establish that the conditions contemplated under provisos (a) and (b) of sub-section (1)..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 105, 106 -- Execution petition - Dismissed for default - Restoration - Court has power to restore it under Section 151 if sufficient cause for absence is shown...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Marriage - Proof -Once fact of marriage is proved there is presumption of lawful marriage - Such a presumption alone is good enough to entitle the wife to maintain an application for maintenance under Section 125 Cr.P.C...........
Limitation Act, 1963, Section 12(2), Article 136, Civil Procedure Code, 1908, Order 21, Rule 11 -- Provisions of Section 12(2) Limitation Act is not applicable to execution proceedings - Decree holder is not entitled to exclude time required for obtaining certified copy while computing period of limitation for filing execution petition...........
