Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 326, 452, 506, 148, 149, 302, 201, 323 -- Interim medical bail - Offence u/ss 307, 326, 452, 506, 148, 149, 302, 201, 323 IPC - As per medical advice, petitioner is still required to undergo complete bed rest, it shall be open for him to file an application by annexing all medical records in..........
Civil Procedure Code, 1908, Section 151 -- Consolidation of two suits - Suits are for recovery of certain amount against same defendants - Though, both the suits were filed by two different firms but proprietor of both the firms is same person - Defence taken by defendants is also identical in both the suits - There is substantial similarity of issues arising for decision..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - With liberty to file fresh suit - Plaintiff failed to mention any ground more so sufficient ground for allowing him to institute fresh suit for same subject matter - Application to withdraw suit filed after more than 5 years of filing of suit - Having made suit progress considerably for a long period of..........
Civil Procedure Code, 1908, Section 115(1) -- (as applicable in UP), O.6.R.17 - Revision - Decision on an application U.O.6.R.17 CPC would amount to a case decided, as order deciding amendment application would have a direct bearing on right of either parties, if it is allowed or rejected - Revision would lie against such an order...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Dismissal of application - Case of grant of interim injunction in favour of petitioner is made out as all ingredients of first principles thereof are satisfied i.e. a) prima facie case of triable issues is made out b) balance of convenience is in favour of petitioner c) demolition of house in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - While deciding an application for grant of interim relief, trial Court is not required to conduct a mini trial...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Merely having a prima facie case is not enough for grant of interim injunction - All three essential requirements i.e prima facie case, balance of convenience and irreparable injury must co-exist...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Prima facie case, balance of convenience and irreparable loss exists in favour of plaintiffs as regarding interim relief sought with regard to creation of third party interest - So far as interim relief with regard to raising of construction over suit property, since balance of convenience does not lie..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from disturbing possession of plaintiff - Factum of possession of plaintiff over suit property is found on the basis of revenue documents - Defendant on the other hand though claimed possession but could not prove the same - Prima facie plaintiff has been able to prove all..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary parties - Partition suit - Both the branches were duly represented in suit, consequently suit property was directed to be divided in two equal parts - Suit rightly decreed and is not bad for non-joinder of necessary parties...........
