Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo order - Appeal u/s 207 of U.P. Revenue Code - Maintainability - Interim order directing parties to maintain status quo was passed ex parte - Said order would fall U.O.39.Rr.1, 2 CPC - Appeal u/s 207 of U.P. Revenue Code would lie against such an order and revision u/s 210 of said Code is not maintainable...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(c), 29(1) -- Contraband - Default bail - Neither charge sheet filed on the date of petition for default bail by accused, nor order for extension of time to complete investigation granted/ordered - Indefeasible right to default bail accrued to..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Granted with condition to deposit an amount of Rs.15 lakhs in Court - Defendants failed to deposit the said amount even till date - Application filed by defendants for modification of said order of imposing condition rejected - Order passed by trial Court is within powers..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - In proceedings for divorce by mutual consent wife waived her right to claim maintenance from husband - Wife not entitled to interim maintenance as she waived off her right to claim maintenance...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Co-sharer cannot be restrained from raising construction over joint land except when co-sharer results in ousting of other co-sharer or is detrimental to rights of other co-sharers...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Plaintiffs and defendants are joint owners in possession over suit property and nobody has been shown to be in exclusive possession over suit land - Possession of one co-sharer is possession of all in the eyes of law - So even, if defendants raise construction over some portion, it will..........
Criminal Procedure Code, 1973, Section 446 -- Forfeiture of surety bond - Accused already surrendered before Court concerned - Penalty amount imposed upon surety reduced to Rs.4000/- in place of Rs.15000/-...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Interim protection granted subject to co-operation of accused with investigating agency - Accused joined investigation but did not co-operate with the police nor got recovered the amount of bribe received by him nor disclosed other facts of the case properly - Behaviour attributed to accused to the instances..........
Civil Procedure Code, 1908, Order 16, Rule 14 -- Court witness - Defendant not appeared as his own witness - Summoning him as Court witness for cross examination - Plaintiff can request Court to draw adverse inference but is not entitled to compel an opposite party to subject himself for cross examination...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Bar contained U.O.23.R.3-A CPC shall not be applicable to a stranger to the compromise decree challenging the compromise decree provided he is not claiming any right through a party to the compromise decree...........
