Civil Procedure Code, 1908, Section 151, Order 39, Rule 2-A, Civil Procedure Code, 1908, Section , Order 23, Rule 3, Civil Procedure Code, 1908, Section , Order 43, Rule 1-A -- Undertaking given in terms of temporary injunction - Suit withdrawn - Without getting the suit restored, undertaking given cannot be enforced...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 43 -- Order returning plaint for presentation before appropriate court - Held, not appealable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(2), Constitution of India, 1950, Article 226 -- Ad interim injunction order - Appeal thereagainst - Maintainability - Ad interim order of status quo passed u/s 151 - Held, order was passed u/s. 151, CPC, it cannot be inferred that such an order was not capable of being passed..........
Electricity Act, 2003, Section 43 -..........
Civil Procedure Code, 1908, Section 104(2), Order 43, Rule 1(t) -- Bar u/s 104(2) - Applicability - Appeal - Dismissal for want of prosecution - Restoration application filed along with application for condonation of delay rejected - Appeal thereagainst - Held, it would be an appeal U.O.43.R.1(t) r/w S.104 of CPC and not intra court appeal or Letter Patent Appeal - Hence..........
Civil Procedure Code, 1908, Order 43, Rule 1(u), Partnership Act, 1932, Section 69(2A) -- Remand - Appeal against - Suit for dissolution of unregistered partnership firm - Maintainability - Since S.69(2-A) of the Act is held to be unconstitutional, a suit by a partner of unregistered firm for dissolution for accounts and for realization of his share is maintainable...........
Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 43, Rule 1A -- Compromise decree - Appeal against - Maintainability of - Objections were raised before trial court U.O.23.R.3 of CPC in passing decree based on agreement or compromise - Held, appeal u/s 96(1) would be maintainable...........
Civil Procedure Code, 1908, Order 43, Rule 1(r), Constitution of India, 1950, Article 227 -- Suit for possession by way of specific performance of agreement to sell - Along with suit, application for interim injunction also filed on which parties directed to maintain status quo regarding possession and alienation - Plaintiff petitioner filed applications under order 39..........
M.P.Vinirdishta Bhrashta Acharan Nivaran Adhiniyam, 1982, Section 39,6,43, Criminal Procedure Code, 1973, Section 193 -- Cognizance of offence under Section 6 - Appellants convicted for minor offence - Cognizance of offence cannot be taken under Section 6 of Adhiniyam unless case is committed by Magistrate - Held, conviction improper as Special Judge took cognizance..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 43 -- Chance recovery - Police on patrol duty - There was no previous information or personal knowledge - Recovery from a public place - Held, it is S.43 which is applicable and not S.42 of the Act...........
