Criminal Procedure Code, 1973, Section 82, 83 -- Proclamation - Guidelines issued by High Court vide its impugned order with respect to manner of issuing proclamations u/ss 82, 83 Cr.P.C is set aside, as High Court has inadvertently or otherwise entirely overlooked Form 5 and 6 and important provisions of Cr.P.C i.e Ss.83, 174-A IPC...........
Criminal Procedure Code, 1973, Section 128, 362 -- Order passed u/s 128 Cr.P.C - Review - Family Court can review its order, as embargo u/s 362 Cr.P.C will not apply to any of provisions in the Chapter IX Cr.P.C including S.128 Cr.P.C...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Order granting injunction passed by trial Court without dealing with the issue involved in the case in detail and certain documents did not even form part of record of Court below - Though at the time of entertaining the application for temporary injunction, mini trial is not justified, however,..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 227 -- Sanction for prosecution - Validity - Once cognizance was taken by Special Judge and charge was framed against accused, trial could neither have been stayed nor scuttled in the midst of it in view of S.19(3) of P.C Act - In the instant case, though the issue of validity of..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Defendant had given an undertaking to furnish security - However, he has not furnished security as undertaken by him - Undertaking cannot be treated on par with furnishing security - Trial Court thus, was justified in passing an order of attachment - However, one more opportunity is given to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for partition - Amendment sought to include the left out properties - Amendment allowed - Order under challenge is in accordance with law...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for partition - Amendment sought to include the left out properties - Amendment allowed - Order challenged by purchaser of undivided interest - While drawing a preliminary decree, a stranger purchaser has no say in the suit - Writ petition at the instance of stranger purchaser, dismissed...........
Civil Procedure Code, 1908, Section 151 -- Giving up witness after tendering his affidavit of examination-in-chief - Merely because affidavit is tendered in evidence does not mean that witness has to be cross examined - Plaintiff is dominus litis - Defendant cannot insist that plaintiff should examine such a witness - Order allowing giving up witness, upheld...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of replication - Evidence yet to start - No mala fide in seeking amendment and same not inconsistent with the case set up - Order allowing amendment upheld - Defendant may file rejoinder to the replication, if he so desires...........
Consumer Protection Act, 1986, Section 23, Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Second consumer complaint - Withdrawal of earlier complaint by Advocate of complainant on the pretext of the case being prolonged by Advocate of the Insurance Company, without having express instructions for withdrawal of complaint - However, for the fault of Advocate, complainant..........
