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..........
Criminal Procedure Code, 1973, Section 439, 438 -- Bail - Where bail is granted in a mechanical manner, order granting bail is liable to be set aside...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 307, 341, 395, 143, 147, 149 -- Anticipatory bail - Murder - Specific acts attributed against accused that they participated in assaulting deceased - Medical opinion and FSL report also corroborate weapons used by accused as mentioned by witnesses in their statements - There exists sufficient..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Indian Penal Code, 1860, Section 420, 467, 468, 477A, 120B, Criminal Procedure Code, 1973, Section 228, 401 -- Offence u/ss 13(1)(d), 13(2) of P.C. Act and Ss.420, 467, 468, 477-A, 120-B IPC - Framing of charge - Land in question was irrigated land, which was shown as barren/non-irrigated land due to connivance..........
Criminal Procedure Code, 1973, Section 374, 386 -- Appeal against conviction - Reasoned judgment was pronounced and uploaded after a period of almost 5 months - Impugned judgment and order of acquittal passed by High Court without further entering into merits of case nor expressing anything on merits in favour of either party set aside - Matter remanded for fresh decision...........
Civil Procedure Code, 1908, Section 151, Order 38, Rule 5 -- Attachment before judgment - Recovery suit - Order of attachment was passed on very same day on which notice calling upon defendant to furnish security was served that too without giving sufficient opportunity to defendant to respond to said notice as required U.O.38.R.5(1)(b) CPC - There is thus, non-compliance..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Provision of S.37 NDPS Act not adverted to by High Court while allowing bail application - Order of High Court set aside - Bail application restored...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205 -- Dishonour of cheque - Exemption from personal appearance - Exemption granted by Revisional Court that petitioners shall furnish bail bonds/surety bonds to the satisfaction of trial Court by putting in appearance before trial Court and on their furnishing undertaking to the effect..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Court below while dismissing application neither discussed ingredients of O.6.R.17 CPC nor any reasoning has been assigned as to why prayer sought by plaintiff could not have been allowed - Duty cast upon Court while deciding application U.O.6.R.17 CPC is not discharged - Trial Court dismissed the..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 326, 147, 148, 149, 34, 120B, Arms Act, 1959, Section 25, 30, 3 -- Grant of bail - Matter remitted for fresh adjudication on account of factors like : (i) irrelevant considerations having impacted the impugned order granting bail; (ii) the High Court exceeding its jurisdiction by..........
