Civil Procedure Code, 1908, Section 47 -- Execution - Objection - Order of eviction on ground of material alteration and denial of title - Plea that only symbolic possession can be given, rejected...........
Criminal Procedure Code, 1973, Section 439, Companies Act, 2013, Section 212(6)(ii), 212(7) -- Bail - Offence u/ss 212(6)(ii), 212(7) of Companies Act - High Court vide its impugned order released the respondent - However, reasons assigned by High Court in its interim order are not confined to issue of validity of alleged Sections under Companies Act or concerning grant of..........
Criminal Procedure Code, 1973, Section 190(1)(b), 397(2) -- Order taking cognizance - Revision against - Maintainability - Order taking cognizance is an intermediary order and not an interlocutory order - Hence, revision petition is maintainable against such order of taking cognizance u/s 397(2) Cr.P.C...........
Civil Procedure Code, 1908, Section 151 -- Restoration/recall of an order - Order challenged in High Court - Petitioner cannot file restoration application during pendency of writ petition...........
Criminal Procedure Code, 1973, Section 125, 397(2) -- Interim maintenance - Filling of revision petition - Maintainability - Since, interim maintenance order continues till final decision of an application u/s 125 Cr.P.C. and it does not decide the rights and liabilities of parties, thus Revision petition is not maintainable against interim maintenance...........
Civil Procedure Code, 1908, Order 16, Rule 1A -- Production of witnesses without summons - Application allowed - Legality of order - Partition suit - Application allowed after dealing with the issue of requirement of recording the evidence of witnesses - Proceedings were at initial stage - More so, evidence of aforesaid witnesses was important for proper adjudication of..........
Criminal Procedure Code, 1973, Section 482, 245(2), Indian Penal Code, 1860, Section 500 -- Quashing of order - Order rejecting discharge application - Offence u/s 500 IPC - Allegations made against applicant in the complaint prima facie do not appear to have constituted any offence - Bald insinuations do not constitute a reasonable suspicion against anybody - Proceedings..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Application u/s 311 Cr.P.C. for examination of expert witness to elicit differences in ink on cheque dismissed - As per accused, cheque in question was given as security at time of running STD/PCO by complainant in year 2002-03 but those cheques were filled..........
Criminal Procedure Code, 1973, Section 125, Family Courts Act, 1984, Section 15, 16, Evidence Act, 1872, Section 137 -- Maintenance - Evidence by way of affidavit - Cross examination of witness - In matrimonial disputes each party gives exaggerated accounts and it is duty of Court to extract the truth from falsehood - In matrimonial litigation Family Courts have to take..........
Criminal Procedure Code, 1973, Section 378(3) -- Appeal against acquittal - Rejection of leave to appeal - Unreasoned order - Application for leave to appeal dismissed by High Court without assigning any reason - It was a clear case of no, application of mind, because impugned order neither sets out facts nor submission of parties nor findings and nor reasons as to why..........
