Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 19, Rule 2 -- Temporary injunction - Cross examination of deponent at the stage of consideration of application for temporary injunction - These are not evidence affidavits - CPC vests discretion in the trial Court to cross examine deponent who has filed evidence affidavit - Such discretion..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Gravity and seriousness of offence is a relevant consideration for purpose of grant of bail - However, while granting bail to accused, High Court has not discussed the role attributed to accused and his overt act in commission of offence - Order granting bail set aside...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar U.O.2.R.2 CPC - Provision applies only to suits instituted by plaintiff and it does not bar any defendant to file a subsequent suit even if he failed to file counter claim...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court is required to restrict its enquiry to averments made in plaint of suit and any reference to earlier plaint cannot be delved upon while adjudicating upon an application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Genuineness or otherwise of family settlement would be matter of trial which cannot be gone into and appreciated at this stage while deciding an application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Section 35B -- Cost - Non payment - Suit cannot be dismissed for non-payment of costs - Non-payment of costs can result in forfeiture of the right to further prosecute the suit or defence as the case may be...........
Civil Procedure Code, 1908, Section 35B -- Costs - Witness bound down subject to payment of cost - Witness appeared and was cross examined - However, no objection was raised qua non payment of cost - While imposing cost it was not mentioned as to what would be the consequences of non payment of cost - Dismissal of application to strike off defence for non deposit of cost,..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-deposit of rent - Tenant did not deposit monthly rent due within a week of its accrual in accordance with his liability under second part of O.15.R.5(1) CPC - Instead, tenant made applications for adjustment of rent due against expenses towards painting and repairs etc., which are not relevant..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Accused pleaded that he joined the investigation and charge sheet has been filed and since he was not arrested, he is thus, entitled to anticipatory bail - However, correct approach would have been for accused to apply for regular bail, as person need not be produced in custody on charge sheet being filed -..........
Civil Procedure Code, 1908, Section 115 -- Revision - Executing Court contemplated enquiry for ascertaining whether land in question is part of executable decree - Enquiry report does not fall within purview of "any case which has been decided by any Court subordinate to such High Court" - Powers u/s 115 CPC cannot be invoked for challenging enquiry report...........
