Civil Procedure Code, 1908, Section 16 -- Jurisdiction - Immovable property - Suit for determination of any other right to or interest in immovable property shall be instituted in the Court within the local limits of whose jurisdiction the property is situate...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - Suit for defamation - Three-fold test of establishing (i) a prima facie case, (ii) balance of convenience and (iii) irreparable loss or harm, for the grant of interim relief is equally applicable to the grant of interim injunctions in defamation suits - However, this three-fold test must..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8(c), 20(b)(ii)(c), 29(1) -- Contraband - Anticipatory bail - High Court while granting bail to accused imposed condition that accused would deposit a sum of Rs.30,000/- - Condition so imposed by High Court is totally alien to principles governing bail..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8(c), 20(b)(ii)(c), 29(1) -- Contraband - Anticipatory bail - Contraband recovered was well in excess of commercial quantity - Accused has criminal antecedents and he was already arraigned in two previous cases under NDPS Act - High Court while granting bail to..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9 -- Restoration of suit dismissed in default - Non-appearance of counsel cannot be said to be unintentional or bonafide - Said fact is substantiated from the fact that no affidavit of counsel has been annexed with the application - It shows that plaintiff did not instruct his counsel and hence, counsel was left with..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9 -- Restoration of suit dismissed in default - Non-appearance of counsel cannot be said to be unintentional or bonafide - Said fact is substantiated from the fact that no affidavit of counsel has been annexed with the application - It shows that plaintiff did not instruct his counsel and hence, counsel was left with..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Grant of bail on the basis of parity is not a claim of right - While applying principle of parity, Court is required to focus on the role attached to accused whose application is under consideration...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Material collected discussed in detail by Sessions Judge while rejecting bail application - However, High Court merely noticing arguments of counsel of accused granted bail - Impugned order passed by High Court set aside...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Constructions were made over suit property during pendency of appeal before first appellate Court - Appellate Court while exercising its discretion and in order to preserve the property till hearing of appeal has passed injunction order only till next date of hearing -..........
Civil Procedure Code, 1908, Order 7, Rule 10, 11, Commercial Courts Act, 2016, Section 12A -- Rejection or return of plaint - Commercial dispute - Once expressly or impliedly discretion has been exercised by Court to entertain suit on the ground that it contemplates urgent reliefs, it should not thereafter revoke that decision and reject or return plaint - Application u/s..........
