Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Tenant seeking injunction from forcible dispossession by landlord - Trial Court rejected application - Appellate Court granted injunction - Order calls for no interference...........
Criminal Procedure Code, 1973, Section 360, 361 -- Benefit of probation - If trial Court is of opinion that order to release on probation is not advisable, trial Court has to assign reasons for non-giving the benefit of probation...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining co-sharer from raising construction - Co-sharer, who is in exclusive possession of a joint holding, cannot be restrained from raising construction on that portion of the joint holding of which he is in exclusive possession - Order allowing defendant to raise construction subject to..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Order of bail in anticipation of arrest, cannot be granted for it to be used as a shield...........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 540 -- Summoning of witnesses - Examination of two witnesses is essential for just decision of case - Trial Court while declining prayer of complainant to examine such witnesses has not assigned any reason - Impugned order set aside - Application allowed...........
Commercial Courts Act, 2015, Section 12A, Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Urgent interim relief sought - Order of return of plaint for non compliance of S.12-A of Commercial Courts Act - Impugned order set aside - Court directed to number the suit and consider interim application...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to minor daughters - Need of children and income of father not assessed even tentatively - Order granting interim maintenance, set aside and matter remitted for decision afresh...........
Civil Procedure Code, 1908, Order 21, Rule 64 -- Execution - Whole property put to sale without examining whether a part of the property can be sold for realization of the decretal amount - Sale confirmed against mandatory provision of O.21.R.64 CPC - Impugned order set aside...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Prima facie evidence available on record was ignored by trial Court while allowing application for summoning of additional accused - Sufficient evidence was collected by I.O which does not suggest involvement of proposed accused in the crime - Order allowing application u/s 319 Cr.P.C. set..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Additional issue - Issue on basis of alternative plea of ouster - Parties can plead inconsistent or alternative plea, but not to the extent of mutual destructive to each other - Trial Court committed error in not allowing framing of an issue on basis of alternative plea of ouster - Impugned order set aside - Matter remitted..........
