Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Police aid - When defendant committed breach of temporary injunction order, plaintiff is entitled to seek police protection invoking the provisions of S.151 CPC...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Police aid - Defendants inspite of service of notice, have not chosen to file counter and they were proceeded ex parte - They have not even chosen to file any application before Court below for seeking to set aside order granting police aid to plaintiffs or requested Court below to give..........
Agreement to sell -- Specific performance - Fixed time frame of six months for making payment in full - Plaintiff did not offer to pay remaining/balance amount before expiry of six months period - Plaintiff thus not complied with his obligation under the agreement within six months period - Suit for specific performance to execute sale deed not available - Order of trial..........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Accused himself came forward and has undertaken to appear before trial Court on each and every date - Sole purpose of issuance of non-bailable warrant or issuance of proclamation is to secure presence of accused before trial Court - Order declaring accused as proclaimed offender set aside...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Dismissal of application - Magistrate is not bound to pass order for registration of FIR in every application u/s 156(3) Cr.P.C. - In the instant case application filed u/s 156(3) Cr.P.C as a counter blast to FIR lodged by opposite party - Admittedly, applicant and opposite party are..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of summoning order - Non disclosure of reply to the legal notice - Complainant denied factum of receipt of reply - Liberty is given to accused to raise all the pleas before trial Court - Petition for quashing dismissed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of summoning order - Issue that cheque was based upon a contingent condition - To be proved by leading cogent evidence by both the parties - High Court merely upon reading the conditions attached with invoice cannot conclude that other conditions which accused is required to fulfill have been..........
Indian Penal Code, 1860, Section 363 -- Kidnapping of minor by her own mother - For an offence of kidnapping to be made out, it is necessary that minor child is taken away from the custody of a lawful guardian - However, a mother falls well within ambit of lawful guardian especially in absence of an order divesting her of the same passed by a competent Court...........
Criminal Procedure Code, 1973, Section 156(3) -- FIR not registered - Investigation u/s 156(3) Cr.P.C. can be carried out only under an order passed by a Magistrate...........
National Green Tribunal Act, 2010, Section 14 -- Citizen approaching NGT with a grievance - Strict yardsticks regarding pleadings which are applied by CPC do not apply - In the instant case Tribunal without holding any inquiry, only by recording a prima facie finding, that no case for interference has been made out, summarily dismissed the application/complaint filed by..........
