Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from alienating or encumbering properties till disposal of main suit - Partition suit - Suit filed on basis of Will and gift deed - There is dispute regarding subsequent Will - However, with regard to first Will, all family members have got properties - As regarding gift deed,..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3), Indian Penal Code, 1860, Section 420 -- Cancellation of anticipatory bail - Offence u/s 420 IPC - Accused has not misused the concession of bail or violation of conditions - Merely because recovery of defrauded amount has not been made is insufficient, particularly when investigating agency had not sought custodial..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchasers - Plaintiffs have no objection to impleadment of petitioners as defendants - Application allowed...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - High Court and Court of Session have concurrent jurisdiction to grant anticipatory bail for an offence - Hence, an application for grant of anticipatory bail directly in the High Court without first approaching Sessions Court is certainly maintainable - However, High Court hearing application for..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - When application for anticipatory bail is first moved before Sessions Court there can only be two situations, either it would be granted or rejected - If it is rejected by Sessions Court then the order of rejection passed by Sessions Court would throw light on the case and High Court would be benefitted by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), Criminal Procedure Code, 1973, Section 167(2) -- Applications for default bail and extension of time - Court may hear both the application for extension of time and default bail simultaneously only if application for extension of time is filed first in point of time...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Period of 180 days for filing charge sheet expired - However, application for extension of time was filed on 180th day while the application for default bail was filed after two days i.e on 182nd day - Both the application decided on the..........
Civil Procedure Code, 1908, Section 47 -- Execution - Eviction order - Objections by co-owner u/s 47 CPC - Co-owner was neither D.H. nor J.D. - If in execution, possession is delivered to D.H. then ownership rights of co-owners are not extinguished - If after delivery of possession to D.H. any right, title or interest of co-owner is prejudiced or adversely affected, there..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Manufacturing and storing of spurious liquor - Husband is already an accused - Wife cannot be made co-accused merely because wife was staying with husband, particularly when there is not even an allegation that wife had indulged in the activities of manufacturing and storing of spurious liquor..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Dispute raised regarding promises and reciprocal promises arising out of agreement - Right of renewal and revision of storage charges as well as the legality and propriety of enhanced demand arose during the subsistence of agreement - Its legality and propriety will depend on the terms of..........
