Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Suit land is abadi deh - Application was filed before framing of issues alleging interference by defendants on the suit land which was denied by defendants - Onus to prove the case lies with plaintiff to prove the fact - Application rightly rejected...........
Civil Procedure Code, 1908, Order 39, Rule 3A -- Ex parte interim injunction - Where an ex parte injunction is granted, injunction application has to be decided within a period of 30 days as per provision of O.39.R.3-A CPC...........
Hindu Marriage Act, 1955, Section 11, Civil Procedure Code, 1908, Order 22, Rule 3 -- Proceedings u/s 11 Hindu Marriage Act - Provision of S.22 CPC is applicable thereto...........
Hindu Marriage Act, 1955, Section 11, Civil Procedure Code, 1908, Order 22, Rule 3 -- Proceedings u/s 11 Hindu Marriage Act - Provision of S.22 CPC is applicable thereto...........
Hindu Marriage Act, 1955, Section 11, Civil Procedure Code, 1908, Order 22, Rule 3 -- Annulment of marriage - Death of husband - Substitution of LRs/parents - Parents of husband have a right to get a declaration that marriage between their son and appellant was in violation of provisions of S.5 of Hindu Marriage Act, as their property rights are directly affected and they..........
Hindu Marriage Act, 1955, Section 11, Civil Procedure Code, 1908, Order 22, Rule 3 -- Annulment of marriage - Death of husband - Substitution of LRs/parents - Parents of husband have a right to get a declaration that marriage between their son and appellant was in violation of provisions of S.5 of Hindu Marriage Act, as their property rights are directly affected and they..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, Indian Penal Code, 1860, Section 307, 332, 279, 337, 353 -- Bail - Contraband - Independent witnesses have blatantly denied to give their support to fact of recovery of contraband made by police - Taking of vehicle and accused from the crime scene to police..........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross appeal - Decree for permanent alimony - Wife filed execution petition against decree for permanent alimony instead of filing appeal - After obtaining execution, wife cannot prosecute a grievance simply because husband had preferred appeal - Where wife had exercised her choice of remedy to be enforcement of direction..........
Indian Penal Code, 1860, Section 376(2)(g), 506(1) -- Rape - PWs on account of a long gap between examination-in-chief and cross-examination, were won over by accused and they resiled from the version as deposed in the examination-in-chief which fully incriminates the accused - However, evidence of victim and her mother, aunt when tested with FIR, statement recorded under..........
Indian Penal Code, 1860, Section 174A, Negotiable Instruments Act, 1881, Section 138 -- Proclaimed offender - Registration of FIR u/s 174-A IPC - Complaint u/s 138 of N.I. Act already stands withdrawn by complainant on having received the entire cheque amount - No useful purpose is going to be served by carrying on with the proceedings arising out of FIR - FIR u/s 174-A..........
