Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of order taking cognizance - Two competent criminal Courts have recorded concurrent findings of facts while taking cognizance against petitioner and while dismissing revision - Order taking cognizance is proper...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Joint property - Order to the extent of maintaining status quo with respect to raising construction changing nature and encumbering the suit land, upheld - Partition proceedings cannot be halted, as revenue record establishing that suit land was joint between parties...........
Criminal Procedure Code, 1973, Section 433, 433A -- Pre-mature release - Order rejecting application for pre-mature release is bereft of an application of mind to relevant circumstances bearing on whether petitioner should be released prematurely - Order does not contain any reference whatsoever to whether petitioner possess any prior criminal history - Even, order is..........
Criminal Procedure Code, 1973, Section 173 -- Cancellation report - Rejection of - Police filed cancellation report and Magistrate directed re-investigation - IO conducted investigation again and filed second closure report - Magistrate rejected second closure report merely on basis of earlier order of rejecting first closure report - Order is recorded in a perfunctory and..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Sought to be replaced with the new one as written statement filed earlier was not by an Advocate engaged by defendant and he was never instructed to make a statement - Replacement allowed by imposing a condition that substituted written statement would be considered only, if defendant is able to prove the..........
Criminal Procedure Code, 1973, Section 446, 451, Punjab Excise Act, 1914, Section 61, 78 -- Superdari - Release of seized vehicle - Petitioner for releasing vehicle, in question, on superdari, has been found to be meritorious and was allowed - While allowing said application, it was observed in order that no useful purpose would be served by keeping said vehicle as it..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Rejection of application without affording any opportunity of hearing to defendant is not proper - Impugned order set aside - Matter remanded...........
Civil Procedure Code, 1908, Order 22, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Impleadment as plaintiff and consequential amendment - Interest in the shop devolved upon a person - He should be impleaded as a plaintiff - Consequential amendment of pleadings will be in the interest of justice - Basic parameters of suit not altered - There is nothing wrong in..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Eviction petition - Applicant having interest in the title of suit property - In order to ensure that suit did not suffer from non-joinder of relevant and necessary party, impugned order of allowing impleadment of respondent in no way prejudices interests and rights of landlady, which will be finally..........
Civil Procedure Code, 1908, Section 47 -- Execution - Execution proceedings in itself has become a second round of litigation - It takes ages for D.H. to realise the fruits of success of a decree with J.D. assisted innovatively - Decree Court to forthwith execute the decree and not later than one months from the date of this order...........
