Civil Procedure Code, 1908, Order 38, Rule 5 -- Furnishing security in lieu of attachment - Once suit is decreed security furnished pursuant to an order U.O.38.R.5 CPC survives and enures to the benefit of DH - At the stage of execution liability of surety arises in terms of bond furnished by him...........
Mutation -- Writ petition against order passed in mutation proceedings cannot be entertained in complete absence of any exceptional circumstance and availability of efficacious alternative remedy before competent civil Court...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Evidence adduced by prosecution suffered from material discrepancies and whole story put up lacked credence - Although alleged weapon of offence, licensed firearm belonging to co-accused was recovered, no endeavour appears to have been made to subject the same to expert ballistic examination in order to establish whether..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1, 2 -- Review - Dismissal of writ appeal - No error apparent on face of record in the order of dismissal of writ appeal - Counsel who argued writ appeal has not filed review petition and same has been filed by another counsel - Petitioner by filing review petition is wasting precious time of Court by filing..........
Criminal trial -- Disciplinary and legal proceedings - Special Court while acquitting respondents under NDPS cases held that petitioner and other individual had committed irregularities while discharging official duties as public servant and directed Director General of Police to initiate appropriate proceedings against them u/O.35.R.6 of General Rules (Civil and..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Police aid - Mere filing of an appeal cannot and does not operate as a stay of order appealed against - So, merely because order of injunction has been challenged before higher forum does not ipso facto mean that order of appealed against no longer exists, unless of course an order of stay..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Police aid - Trial Court besides restraining defendants from creating disturbance, also passed a positive order permitting plaintiff to construct house in question - As long as plaintiff is unable to construct his house, order of trial Court would be rendered ineffectual - It is duty of..........
Negotiable Instruments Act, 1881, Section 138, 143A, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Dishonour of cheque - Order passed u/s 143-A NI Act, either allowing or rejecting the application - Order passed is intermediate order and not interlocutory order - Revision lies against such an order - Petition u/s 528 BNSS is not maintainable...........
Civil Procedure Code, 1908, Section 24, Allahabad High Court Rules, 1952, Rule 5 -- Chapter VIII - Special appeal - Maintainability - Order passed on an application filed u/s 24 CPC is not a judgment so as to maintain an appeal against such an order under Chapter VIII R.5 of Rules - Such an appeal is barred by S.105 CPC - Special appeal, dismissed being not maintainable...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit filed by plaintiff claiming natural succession whereas defendants were claiming title over suit property on basis of Will - Plaintiffs only sought formal amendment in respect of cause of action by stating that cause of action will start from death of testatrix and not from date of execution of Will,..........
