Civil Procedure Code, 1908, Order 23, Rule 3, 3A, Civil Procedure Code, 1908, Order 43, Rule 1A -- Compromise decree - Relief barred by limitation - Challenge to - Plaintiff is seeking a declaration by way of filing a separate suit that compromise decree passed is null and void - Held, declaration sought by plaintiff cannot be granted in an independent suit - Remedy open..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 43, 42 -- Recovery made at a public place - It is S.43 and not S.42 which is applicable...........
Civil Procedure Code, 1908, Order 23, Rule 3A, Civil Procedure Code, 1908, Order 43, Rule 1A -- Compromise decree - Challenge thereto at the instance of a stranger - A stranger cannot file an application either in the suit or in the appeal proceedings to challenge compromise decree as he is not a party to the suit - He has to file a separate suit for the purpose...........
Unlawful Activities (Prevention) Act, 1967, Section 43 -- Charges of supporting terrorist organization - Registration of crime by Inspector of Police - Validity - Neither Inspector of Police nor Head Constable took up any investigation - They are only in the nature of first informant and the person who registered said FIR in Police Station - Held, it is only after..........
Civil Procedure Code, 1908, Order 11, Rule 14, 15, 21, Civil Procedure Code, 1908, Order 43, Rule 1(f) -- Production of documents - Non compliance with direction issued U.O.11.Rr.14, 15 CPC - Does not attract the penalty, as provided U.O.11.R.21 CPC and is also not amenable to appeal, as provided U.O.43.R.1(f) CPC...........
Civil Procedure Code, 1908, Order 43, Rule 1(r), Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3, 4, 7 -- Order passed U.O.39.R.7 - Appeal against - Maintainability - Held, order passed in terms of O.39.R.7 is not appealable - Appeal not maintainable in view of 0.43.R.1(r) of Code...........
Evidence Act, 1872, Section 43 -- Judgment of acquittal/conviction rendered against the accused previously put on trial in the crimes which is further investigated has relevance only for the limited purpose u/s 43 of Evidence Act, and nothing more...........
Civil Procedure Code, 1908, Section 104, 105, Order 43 -- Appeal not filed against an order against which there is provision of filing appeal - Such order cannot be challenged in the regular appeal...........
Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Temporary order - Passing off - Basic ingredients, use of the drugs, effect, performance and price of the drugs are different - Trial Court prima facie observed that there are no such similarities in both the drugs, namely ACUCAL and ACICAL so that any confusion is likely to arise either in the mind of a Chemist or..........
Electricity Act, 2003, Section 43, 67, Works of Licensees Rules, 2006, Rule 3 -- Supply of electric connection - Mandatory statutory duty of licensee to supply electric energy to an applicant - Applicant though had failed to provide necessary way leave for effecting supply as required under Regulations, same would not override statutory duty of licensee - More so, when..........
