Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Prima facie case, balance of convenience and irreparable loss were in favour of plaintiff - But despite that trial Court permitted non-applicant to sell suit property or part thereof and/or to create third party rights in suit property - Order of trial Court is found to be arbitrary and capricious..........
Civil Procedure Code, 1908, Order 9, Rule 13, Constitution of India, 1950, Article 227 -- Ex parte decree - Setting aside - High Court while setting aside ex parte decree commented upon legality and validity of judgment and decree passed by trial Court - Before considering judgment and decree on merits and/or expressing anything on merits on legality and validity of..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-payment of rent - Deposit of rent belatedly pursuant only to unsustainable order of High Court, do not enure to benefit of defendant and cannot wipe out default already committed by defendant - Defence of tenant rightly struck off by trial Court...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Can be allowed which is relevant to deny the fact as pleaded in plaint - However, by amendment of written statement defendant want to set up a new case with regard to some encroachment qua which no relief is prayed in the main suit - Impugned order allowing amendment set aside...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 27A, 37, Criminal Procedure Code, 1973, Section 439 -- Financing illicit trafficking in contrabands and harbouring offenders - Bail - Diametrically opposite case in the charge-sheet than that alleged in FIR gives rise to serious doubt on the veracity of prosecution case against accused - No interference..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 27A, 37, Criminal Procedure Code, 1973, Section 439 -- Financing illicit trafficking in contrabands and harbouring offenders - Bail - No recovery has been made from accused or from any place under his exclusive control - Accused though involved in 53 criminal cases but has not been involved in any NDPS Act case..........
Family Courts Act, 1984, Section 19, Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Dismissal of application to recall ex parte order - Order not an interlocutory order - Appeal against such an order is maintainable...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Divorce proceedings - Family Court erred in proceeding wife ex parte as she did not file written statement on first date fixed for filing written statement - Family Court ought to have given opportunity to wife to come forward so as to make an effort for reconciliation between parties - Order..........
Civil Procedure Code, 1908, Section 151 -- President of an Association examined as a witness - New President sought to be examined as a witness by eschewing evidence of earlier President - Not permissible - When erstwhile President left the association, it is not necessary to eschew his evidence - Merely because erstwhile President left the association, it will not be a..........
Criminal Procedure Code, 1973, Section 190(1) -- Cognizance of offence - Summoning order passed on printed proforma by filing up blanks without application of judicial mind by Magistrate and without satisfying himself as to which offence were prima facie being made out against accused on basis of allegations made by complainant is objectionable and deserves to be..........
