Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3 -- Temporary injunction - Dismissal of suit for permanent injunction - Appeal against - Grant of temporary injunction without endorsement regarding service to defendant - Order of status quo passed - Impugned order does not indicate that there was an urgency in the matter - O.39.R.3 CPC not complied with - Notice not..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Temporary injunction - Order passed with consent - Violation - Court is not helpless - Court can direct the defendant to restore the property to its original condition by the removal of the construction or could direct demolition or proceed for contempt if an application U.O.39.R.2-A CPC is filed by any of the party or..........
Civil Procedure Code, 1908, Section 151 -- Modification of order - No dispute regarding payability of cheque - Order of attachment passed in execution petition relates only to decretal amount - Held, if parties are adversely affected by order of attachment then they can move to court for clarification/modification of order - Parties directed to cooperate in early disposal...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Held, as per O.7.R.11(b) CPC, when relief claimed in a suit is undervalued and plaintiff, on being required by Court to correct valuation within a time to be fixed by Court, fails to do so, the plaint could be rejected - However, without providing time to pay the deficit court-fee Court below could not..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 202 -- Bail - Dentist giving medical aid to accused - Previous plan to provide medical aid to any assailant getting injured - Even a dentist can apply stitches in an emergency - Only offence of accused is not giving information of crime to the police - An important factor for granting bail is..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Appellate Court can interfere with the order of acquittal only when there are compelling circumstances and the judgment under appeal is found to be perverse...........
Civil Procedure Code, 1908, Section 114 -- Review - Powers of Court - Held, Court cannot go into the correctness or otherwise of the judgment and order on merits while considering the review petition...........
Civil Procedure Code, 1908, Order 39, Rule 2(2)(g) -- (U.P.Amendment), State Financial Corporations Act, 1951, S.29 - Recovery of dues as arrears of land revenue - Injunction to stay proceedings for recovery - Injunction order passed U.O.39.Rr.1, 2 CPC putting stay on proceedings for recovery - However, security not furnished - Injunction order set aside - Held, under..........
Criminal Procedure Code, 1973, Section 156(3), 200, 202 -- Right of hearing of a prospective accused at the pre-cognizance stage - Accused is only permitted to remain present during the proceedings but not to intervene or to raise his defence, until the order issuing summons is passed - It is only during the course of trial that accused has been conferred rights at..........
Criminal Procedure Code, 1973, Section 156(3), 397(2) -- Direction by Magistrate to police to investigate a case - It is only an ancillary step in aid of investigation - Order is interlocutory in nature - Does not infringe any valuable right of prospective accused - Such order not amenable to challenge in criminal revision...........
