Indian Penal Code, 1860, Section 420, 462, 467, 468, 471, Criminal Procedure Code, 1973, Section 482 -- Cognizance - Quashing of - Will alleged to be forged and fabricated - Dispute entirely civil in nature - Will registered - Will whether surrounded by suspicious circumstances or not to be determined in testamentary proceedings - Civil Court found it to be a prima facie..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - While passing an interim order of injunction Court is required to consider three basic principles namely, (i) prima facie case; (ii) balance of convenience and inconvenience; and (iii) irreparable loss and injury - Court must also take into consideration the conduct of the parties - A person who had..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Three important ingredients for grant of temporary injunction are : (i) Prima facie case (ii) irreparable loss and (iii) the balance of convenience - Court has to scrutinize the case of plaintiff on the three touchstones for granting temporary injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from obstruction made by them - Plaintiff prima facie established his right in the property whereas defendants have non - Defendant parking their vehicles in the suit property but had no right to object to the construction made by plaintiff - Plaintiff will suffer irreparable..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Refusal - Appeal - Appellate Court is not supposed to interfere with the discretion exercised by trial Court - Trial Court itself held that plaintiff has prima facie case but declined injunction on ground of delay and laches - There was no delay or laches - Interference with such order is..........
Criminal Procedure Code, 1973, Section 451 -- Release of vehicle on Sapurdari - Should be given to the person who is prima facie owner - Owner means the person in whose name the motor vehicle stands registered. The legal position, therefore, is that the sapurdari of a vehicle in proceedings under Section 451 Cr.P.C. should be given to the person who is prima facie owner of..........
Civil Procedure Code, 1908, Order 20, Rule 12, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction order - Appeal against - Payment of mesne profits - Appellate Authority has jurisdiction to fix mesne profits payable - Order of payment of mesne profits has to be based on some material - Appellate Authority has to arrive at a prima facie finding as to what..........
Civil Procedure Code, 1908, Order 39.Rs.1, -- Temporary injunction - Trade mark - Prima facie opinion that a man with ordinary prudent is likely to be deceived while purchasing product as two trade marks are quite similar to each other and there is every likelihood of general public being deceived while purchasing goods of defendants - Even, there is further likelihood..........
Insurance claim -- Suppression of material facts - Complicated question of fraud and cheating - Insurance claim - Death of insured within four months - Two medical certificates of same doctor and of same date one certifying insured not suffering from any disease for the last ten years and other certificate stating insured mentally ill and physically handicapped - Criminal..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Agreement to sell - Suit for specific performance - Restraining defendant from encumbering suit property - Sale consideration 87 lakhs out of which 20 lakhs paid at the time of agreement - Plaintiff had taken a `Pay Order' of 42 lakhs even before expiry of time frame fixed under the agreement -..........
