Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Injunction suit in appeal filed against rejection of plaint - Application not filed during pendency of suit - Contention that it is only in recent past that defendants are taking steps to alienate suit property - Held, though injunction as prayed for cannot be granted..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Contract Act, 1872, Section 23 -- Execution of sale deed in violation of order of injunction - Such sale deed is unlawful having no legal sanctity...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Husband seeking restraint order against wife from obstructing his entry and exit into the premises - Husband gifted away the property to wife - After execution of the gift deed plaintiff lived in the house only in his capacity as husband of defendant - Parties having strained relations - None of the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Order of status quo - Both parties claiming title and possession - Court passed order of status quo by holding that it is difficult to reach to the conclusion as to which of the party is in possession over the suit property - Order upheld...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Defendant admitting unauthorised possession of plaintiff - Order that plaintiff cannot be dispossessed except under due process of law inspite of the fact of holding that there is no prima facie case, balance of convenience and irreparable loss, in favour of plaintiff, upheld...........
Criminal Procedure Code, 1973, Section 372, 2(wa) - - Victim or a complainant in a complaint case - Right of appeal against (i) an order acquitting the accused; (ii) convicting the accused of a lesser offence and (iii) imposing inadequate compensation - Law as to - Summed up - (a) The expression "victim" as defined in S.2(wa) includes all categories of his/her legal heirs..........
Negotiable Instruments Act, 1881, Section 138, 143(1), Criminal Procedure Code, 1973, Section 326, 260(2) - - Dishonour of cheque - Trial - Held, when trial not likely to be concluded within six months, Magistrate should record his opinion that trial of case by summary procedure is not desirable and that case to be tried as summons case, in which event legal hurdle u/s.326..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Grant of - Exercise of power by Court - Held, grant or refusal of an interim injunction in a civil suit is the most important stage in civil trial - Due care, caution or diligence should be taken by judicial officers and judges while granting or refusing injunction - Once an injunction is granted, it..........
Criminal Procedure Code, 1973, Section 173(2) -- Single FIR - Submission of two separate charge-sheets - Second charge-sheet independent and not supplementary to first one - Held, if both charge-sheets were to be accepted then result of trial would have been very confusing - Impugned order refusing to take cognizance and directing S.P., CBI/SAB/Calcutta to cause further..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Grant of - Validity - Plaintiff sought injunction restraining defendant from carrying out any construction or committing any mischief in property - Construction of building is over and only interior finishing work like plastering, painting etc., are alone to be done - Occupancy certificate has been..........
