Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Police assistance to implement order - Application dismissed and stay vacated by holding that at the time of grant of ad interim injunction plaintiff failed to apprise Court with regard to filing of caveat by defendant - Impugned order set aside - Matter remitted for decision afresh...........
Indian Penal Code, 1860, Section 323, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Offence u/s 323 IPC and S.3(1)(x) of SC/ST Act - Incident took place in the residential quarter of PW14, who is daughter of complainant - However, PW14 not supported prosecution case - Genesis of case is suppressed by prosecution - No..........
Indian Penal Code, 1860, Section 121, 121A, 122, 34, Arms Act, 1959, Section 25, 27(1), 29(A), Telegraph Act, 1885, Section 20, Wireless Telegraphy Act, 1933, Section 6(1)(A) -- Offences u/ss 121, 121-A, 122, 34 IPC, 25, 27(1), 29(A) of Arms Act, S.20 of Telegraph Act and S.6(1)(A) of Wireless Telegraphy Act - Prosecution essentially relied upon confessional statement of..........
Civil Procedure Code, 1908, Order 32, Rule 15, 3, Divorce Act, 1869, Section 10(1)(iii), 10(1)(x) -- Appointment of guardian ad idem - Unsoundness of mind - Suit for divorce on ground of cruelty by wife and mental disorderliness - Failure of Court to assign definite reason for declining request for referring respondent to Medical Board - Under O.32.R.15 CPC Court is not..........
Court Fees Act, 1870, Section 12, Civil Procedure Code, 1908, Section 107(1) -- Determination of Court-fees - Power of first appellate Court u/s 12 of Court-fees Act - First appellate Court is competent to adjudicate the issue in respect of amount of fees payable in appeal as well as in suit - However, Court-Fees Act being substantive law in respect of payment of court..........
Civil Procedure Code, 1908, Order 43, Rule 1(r), Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Appeal - Interim order, restraining defendant from interfering or doing any illegal activities in relation to suit property granted during pendency of application for temporary injunction without recording reasons - Order is interlocutory order and not temporary injunction..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff and defendant both filed injunction application against each other - Trial Court dismissed both the applications - Defendant felt aggrieved by dismissal of his application filed appeal which was allowed - Plaintiff felt aggrieved and filed writ petition - High Court in writ..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Granted by Bombay Civil Court and said injunction was confirmed by High Court while dismissing appeal from order - Interim injunction continued for last more than 5 years - No reason to interfere in the matter - Bombay Civil Court directed to dispose of the suit as expeditiously as possible...........
Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 11, 12, 13(2), 13(1)(b), (d) -- Criminal offence by company - Company alone can be prosecuted without its directors or a person in charge of affairs of company...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - High Court exceeded scope of review jurisdiction as if it was sitting in appeal over earlier judgment - To justify exercise of review jurisdiction, error must be self evident - Even assuming that there was no correct appreciation of facts and law in challenge to decision in earlier judgment, parties could be left to..........
