Civil Procedure Code, 1908, Section 151, Order 23, Rule 1(3) -- Withdrawal of suit - With liberty to file fresh suit - Specific case of defendant is that she is owner in possession of property and without seeking relief qua proprietary rights on title of suit property by way of declaration, plaintiff is not entitled to any injunction - Plaintiff moved an application for..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Remand of matter to trial Court permitting plaintiff to amend plaint - No application filed by plaintiff for amendment of plaint - In the absence of any such application, High Court committed error by permitting plaintiff to amend plaint that too in a second appeal - Even otherwise, no reasons are assigned as to..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commission - Application not supported by any affidavit and in fact referred to plaint which was duly supported by affidavit - Moreover, no explanation furnished by plaintiff as to why and how he could not have access the documents required or even importance or relevance of said documents - Even, no..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title and injunction - Plaintiff claimed that suit property had fallen in his share - However, no documentary evidence placed on record by plaintiff in order to show that property in question has fallen to his share - In absence of any cogent and reliable evidence led by plaintiff, Courts..........
Criminal Procedure Code, 1973, Section 273 -- Cross examination of a witness - Can be denied only in exceptional circumstances where the other side is habitual in seeking adjournments for one reason or the other - In the instant case chief examination of witness was recorded and inspite of application being the first one for adjournment, opportunity of cross examination..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Granted subject to offered payment - Process of criminal law particularly in matters of grant of bail is not akin to money recovery proceedings - Anticipatory bail can be granted irrespective of any payment or any offer of payment - Order granting anticipatory bail affirmed but condition therein of payment..........
Criminal Procedure Code, 1973, Section 145, 146(1), 397 -- Order passed u/s 146 Cr.P.C. - Not an interlocutory order - Revision against such order is maintainable...........
Civil Procedure Code, 1908, Order 21, Rule 40 -- Execution - Arrest and detention - Decree for permanent injunction - Report of Tehsildar shows that there is no obstruction caused by JD on suit land - Construction on suit land was laid down by Electricity Board - JD has no objection in case said construction is removed - Since suit land is lying vacant on the spot, as..........
Civil Procedure Code, 1908, Order 18, Rule 2(2), 3 -- Defendant permitted to lead secondary evidence qua the compromise - No opportunity given to plaintiff to rebut the same - Since defendant was given an opportunity to lead secondary evidence qua the compromise, an opportunity ought to have been given to plaintiff to rebut the said evidence - O.18.R.3 CPC is not..........
Criminal Procedure Code, 1973, Section 156 -- Transfer of investigation to CBI - Transfer of investigation should not be a matter of course and such an order should only be passed with great circumspection - Impugned order of High Court transferring investigation to CBI not interfered in view of peculiar circumstances of the case - CBI to assign a reasonable priority to..........
