Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Material collected discussed in detail by Sessions Judge while rejecting bail application - However, High Court merely noticing arguments of counsel of accused granted bail - Impugned order passed by High Court set aside...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Constructions were made over suit property during pendency of appeal before first appellate Court - Appellate Court while exercising its discretion and in order to preserve the property till hearing of appeal has passed injunction order only till next date of hearing -..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of defendant and his witnesses for further cross examination - After remand of case both the parties refused to lead any fresh evidence - It was not appropriate for trial Court to allow recall of defendant and his witnesses for further cross examination without any cogent reason - Impugned order set aside...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration and permanent injunction - Petitioner wants to be added as a party in the suit due to stay entry incorporated in revenue record - No relief sought against petitioner by plaintiff - Stay order is passed against defendant which have no impact upon petitioner - Even otherwise,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Ad interim injunction - Appeal - Order declining ad interim injunction passed after hearing parties - Appeal against such an order is maintainable U.O.43.R.1(r) CPC...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Order declining ad interim injunction - Appeal - If Court just gave notice of application U.O.39.Rr.1, 2 CPC to other party without expressing any opinion declining the ad interim injunction then appeal is not maintainable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3 -- Ad interim injunction - Any order granting or declining injunction cannot be passed U.O.39.R.3 CPC independently of O.39.Rr.1, 2 CPC...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - First appellate Court has not set aside the judgment of trial Court after discussing the merits of the case - There is no categorical appraisal of reasons recorded by trial Court before setting aside judgment and decree passed by trial Court - Order of first appellate Court remanding case back to trial Court set..........
Criminal Procedure Code, 1973, Section 82 -- Proclamation - Petitioner is resident and citizen of UK since the year 1988 - He was never served in accordance with law - There was thus, no occasion for petitioner to evade the process of law - Proclamation order is in gross violation of S.82 Cr.P.C - Order declaring accused as proclaimed person set aside...........
Civil Procedure Code, 1908, Order 43, Rule 1(u) -- Appeal - Order setting aside ex parte decree and remand of case - Suit decided without affording opportunity to parties to adduce evidence on the issues framed - Trial Court therefore decided the suit without following due procedure of law, which is gross illegality in the eyes of law - Order setting aside ex parte decree..........
