Civil Procedure Code, 1908, Section 151, Order 39, Rule 3 -- Interim injunction - Arbitration proceedings - Appellants attempted to encash bank guarantee furnished by respondent - If appellants were permitted to invoke bank guarantee, prayer made in S.9 of Arbitration and Conciliation Act, arbitration petition would likely become infructuous - Interim order restraining..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo order - Parties directed to maintain status quo on spot viz. possession - Such order does not put any fetters upon parties to raise construction on the suit property - There is no need for any party to seek permission of Court for raising construction over portion of suit property which was in their possession -..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife and minor children - Husband despite service of notice and without valid reason did not appear - Court after taking into consideration entire facts and circumstances, passed the order for payment of interim maintenance - Impugned order not on higher side and is fair and reasonable - Maintenance..........
Indian Penal Code, 1860, Section 498A, 324, 355, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Allegation against husband - Allegation of throwing chilli powder and assault on wife by husband and other in-laws is not only supported by wound certificate which discloses simple injury but also statement of neighbour - It cannot be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance, cancellation of sale deed executed by owner in favour of Respondent No.2 and suit for permanent injunction - Plaintiff ready and willing to make the balance payment and getting sale deed executed in his favour - Prima facie case is in favour of plaintiff - Plaintiff..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence in an appeal - There should be strong compelling reasons for grant of bail, notwithstanding an order of conviction by suspension of sentence and such strong and compelling reasons must be recorded in the order granting bail...........
Civil Procedure Code, 1908, Order 11, Rule 14 -- Production of documents - Cannot be allowed by Appellate Court in an appeal filed against order rejecting plaint as Appellate Court has to examine validity of trial courts order rejecting plaint and Appellate Court is not enjoined to decide merits of controversy...........
Indian Penal Code, 1860, Section 420, 406, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Act of company creating/establishing shell companies and circulating monetary transactions through these companies itself was an indicator of an intention of deceit - High Court committed error by quashing proceedings on the premise that there were..........
Civil Procedure Code, 1908, Section 11, Order 9, Rule 2, 3 -- Dismissal of suit in default U.O.9.Rr.2, 3 CPC - Res judicata - An order of dismissal of a suit or application in default U.O.9.R.2 or U.O.9.R.3 CPC is neither an adjudication or a decree nor it is an appealable order - If that is so, such order of dismissal of a suit U.O.9.R.2 or U.O.9.R.3 CPC does not fulfill..........
Prevention of Corruption Act, 1988, Section 13(1)(b), 13(2), 17, Criminal Procedure Code, 1973, Section 154 -- Disproportionate assets - FIR - Preliminary enquiry - In matters of corruption a preliminary enquiry although desirable but is not mandatory - In a case where a superior officer, based on a detailed source report disclosing commission of a cognizable offence,..........
