Civil Procedure Code, 1908, Order 39, Rule 2-A, Contempt of Courts Act, 1971, Section 2(b) -- Interim order - Violation thereof - Suit ultimately dismissed - Interim order merges in the final order - Petitioner cannot make a grievance against such an interim order...........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Execution of order of maintenance - Husband asked to remain personally present - Power of attorney holder cannot be allowed to represent the husband in the proceedings...........
Criminal Procedure Code, 1973, Section 311 -- Power u/s 311 Cr.P.C. can be exercised till order or judgment is pronounced...........
Civil Procedure Code, 1908, Section 136 -- Attachment of Property - Scope of powers of Court - Court trying a suit may have jurisdiction to order attachment of a property even out side of its jurisdiction - Court to send order of attachment to the District Court within whose local limits the property sought to be attached is situated - Sec. 136 clearly excludes execution..........
Civil Procedure Code, 1908, Section 39(4), Order 21,, Rule 3, 54 -- Execution of decree - Property situated outside local limits of jurisdiction of Executing Court - An execution against immoveable property lying outside the jurisdiction of executing court is possible in terms of O.21 R.3 of the Code when particular item of immoveable property, forms one estate or tenure..........
Criminal Procedure Code, 1973, Section 397, 401, Karnataka Forest Act, 1963, Section 71A -- Acquittal of accused in an offence under Forest Act - Revision - Filed by Authorised Officer - High Court dismissed same by holding that State is a necessary and proper party to file criminal revision and revision at the instance of Authorised Officer only is not maintainable -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Magistrate gave a finding that wife was living separately from her husband for a just and sufficient cause - No reliable evidence led by wife that husband was a man of substantial means - However, husband had a legal obligation to maintain her legally wedded wife - Awarded maintenance at the rate of Rs.500/- per..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Challenge to execution of sale deed - Original suit for declaration of title and injunction - Said suit was withdrawn - No liberty to file fresh suit granted - Order allowing withdrawal cannot constitute a decree - It cannot debar the defendant from taking the defence in the second round of litigations..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Official duty - Act done in discharge of - Allegation against petitioner that while acting or purporting to act in discharge of official duties, he failed to properly scrutinize stamp papers to find out whether they were ante-dated to avoid stamp duty required to be paid on account of enhancement of..........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Person of unsound mind or a mentally infirm person - Court can order medical examination of a person even during pendency of suit - Divergent opinion of doctors - Interim directions issued by Court directing panel of doctors from Govt. Mental Hospital to examine person...........
