Criminal Procedure Code, 1973, Section 397, 207 -- Revision - Maintainability - Order rejecting application for supplying copy of charge sheet u/s 207 Cr.P.C. - Said order is not deciding anything finally and may be termed as interlocutory order - Revision against said order is not maintainable...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A -- Ad interim injunction - Violation - Police aid - Despite injunction order defendant illegally trying to interfere and threatening to dispossess - Police aid is to be granted - Police aid cannot be denied on the ground that wife of defendant filed another suit and obtained ex parte ad interim order...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Order deciding objections filed u/s 47 CPC is not appealable - Remedy lies in filing revision...........
Civil Procedure Code, 1908, Order 11, Rule 14 -- Production of document - Requirements for applying provision of O.11.R.14 CPC are two fold: (i) Order can be passed under said provision at any time during pendency of suit; (ii) production can be ordered by any party to suit upon oath of such documents in his possession or power i.e document ordered should be in possession..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Powers of Appellate Court: (i) Appellate Court has full power to review, re-appreciate and reconsider the evidence upon which an order of acquittal is founded: (ii) Cr.P.C. puts no limitation, restriction or condition on exercise of such powers and; (iii) Appellate court on the evidence before it may..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 32(1), 32(3), 32(5) -- Execution - Decree of permanent injunction - Disobedience - Order of attachment of JD's properties passed without finding that JD has willfully disobeyed the decree - Said order is violative of provision of O.21.R.32 CPC - No opportunity was granted to JD and Court passed order of attachment..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 468 -- Application u/s 12 of Domestic Violence Act - Limitation - S.468 Cr.P.C. is not applicable as it comes into picture only when a breach is committed in complying the protection order passed on the application u/s 12 of the Act...........
Criminal Procedure Code, 1973, Section 372 -- Appeal - Jurisdiction of Court to deal with appeal filed by victim is determined on the basis of maintainability of appeal against an order of conviction...........
Evidence Act, 1872, Section 138, Civil Procedure Code, 1908, Section 151 -- Recall of an order - Order closing opportunity to cross-examine plaintiff - Cross-examination of plaintiff closed after several opportunities were granted to defendant - Recalling order and further giving opportunity to cross-examination would certainly amount to abuse of judicial process and would..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Merely because order or decision is erroneous cannot be reviewed on ground that different view can be taken on point of fact or law, as Court will not sit in appeal over its judgment...........
