Criminal Procedure Code, 1973, Section 197, 397(2), 482 -- Summoning order of respondent No.3- Stayed by Sessions Judge - Name of respondent No.3 in column who were not challaned which shows that no summoning order could have been passed against respondent No.3 as sanction was required to be taken - Held, summoning order rightly stayed - Interfere with said order not..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Dispute regarding boundaries - Appointment of Local Commissioner to measure the land of plaintiff as well as the defendant - Dispute regarding boundaries can be best adjudicated by taking the assistance of the experts who on measurement can express his opinion - Order of appointment of Commissioner calls..........
Criminal Procedure Code, 1973, Section 92 -- Book - Ban order - Said notification challenged by way of writ petition - High Court issued directions to the Govt. to set up a committee of experts - Order of the High Court set aside with direction to High Court to proceed on merits...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Suit filed by mother on behalf of minor daughter - Withdrawal of suit sought by mother on the ground that daughter was not minor, which fact came to knowledge of mother later on - Contention that it is daughter, who is major, who can withdraw suit, and not the mother - Contention repelled by holding that..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Suit for specific performance - Sons of defendant allowed to be impleaded as a party to the suit on the plea that property in dispute is ancestral coparcenary joint property in the hands of their father and he has no right to alienate the same - Held, in a suit for specific performance, a third party..........
Evidence Act, 1872, Section 73, Criminal Procedure Code, 1973, Section 311A, Constitution of India, 1950, Article 20(3) -- Investigation - Handwriting of accused - Taking of - Police obtained handwriting of accused during investigation - Validity of - Held, S.73 of Evidence Act empowers taking of handwriting sample of any person during trial or inquiry - But it is settled..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - While granting ad interim ex-parte injunction or stay order Court must record undertaking from the plaintiff that he will have to pay mesne profits at the market rate and costs in the event of dismissal of interim application and the suit...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Exparte ad interim injunction - Life of exparte injunction or stay order should be limited so as to discourage the tendency to unnecessarily prolong the matter after obtaining exparte injunction order or stay order...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - As a rule, Court should grant interim injunction or stay order only after hearing the defendant and in case Court has to grant ex parte injunction in exceptional cases, then while granting injunction it must record in the order, that if suit is eventually dismissed, plaintiff will have to pay full..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - If injunction is granted on the basis of false pleadings or forged documents, then Court must impose costs, grant realistic or actual mesne profits and/or order prosecution - This must be done to discourage the dishonest and unscrupulous litigant from abusing the judicial system - Court has..........
