Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Second application for rejection of plaint - Same plea was raised earlier - Principles of res judicata/constructive judicata are applicable in the subsequent stages of same proceedings during pendency of suit - Order dismissing application on ground of res judicata, upheld...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo - Order when not specific - It should be read and construed only in relation to the prayer made in the application for temporary injunction - Scope of order of status quo cannot be expanded to other things beyond the prayer made in the application for temporary injunction...........
Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 6, Rule 17 -- Withdrawal of suit with liberty to file fresh suit - Impugned order set aside - Plaintiff permitted to file an application for amendment of plaint for curing defect - If such an application is moved and allowed then plaintiff will be given further opportunity to adduce additional..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for injunction based on possession on the basis of unregistered and insufficiently stamped instrument, which under law does not affect such immovable property - Plaintiff has no prima facie case in his favour - Order vacating injunction, upheld...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail obtained by stating wrong facts in affidavit and suppressing of earlier rejection of bail application by High Court - Order cancelling bail upheld...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Appointment of Local Commissioner to prepare a report about existing status of premises which has been leased out and his report would facilitate Court in adjudication of the matter - Order appointing Local Commissioner, upheld...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court fee - Plaintiff directed to pay ad valorem Court fee as per market value of property without specifying as to how the market value is to be calculated and by whom - Trial Court should first determine market value of suit property by allowing parties to place on record documentary evidence in that..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Dismissal of application for bail at the time when investigation was pending - Order of discharge set aside by High Court - Accused not indulged in any unlawful activity when he was a free man during this period - Bail granted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 120B, 124A, 153, 153A, 153B, Unlawful Activities (Prevention) Act, 1967, Section 18, 39 -- Bail - Offence u/ss 120-B, 124-A, 153, 153-A, 153-B IPC and Ss.18, 39 of UAPA - Accused has suffered incarceration for about 567 days - Order of discharge set aside by High Court - Nothing brought on record..........
Civil Procedure Code, 1908, Section 47, Indian Contract Act, 1872, Section 128 -- Execution - Objection by Surety - JD/surety who suffered a joint and several decree cannot stop execution of decree against him until creditor has exhausted his remedy against principal debtor or other JDs - She does not have a right to dictates terms to DH as how he should pursue his..........
