Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining defendants for causing any hindrance to performance of puja and other celebrations on suit property - Entire scope of application of temporary injunction is referred to acts of celebrating kalipuja and performing sports activities, which were of transient nature on face of it and could..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Prior to commencement of trial - Question of due diligence arises for consideration only when application is filed after commencement of trial - Though it is not mandatory to allow application if filed prior to trial, it would not be proper to hold that there is lack of diligence even when application is..........
Punjab Courts Act, 1918, Section 41, Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - First Appellate Court returned a finding that plaintiff was ready and willing to perform contract and that defendants cannot take plea that they were not aware that son of plaintiff was power of attorney of plaintiff - Findings recorded by First..........
Criminal Procedure Code, 1973, Section 378, 386 -- Appeal against acquittal - Original record of case, except judgment of trial Court were weeded out - Criminal appeal is received incomplete from High Court - Incident in question is of year 1987 and accused were acquitted in 1990 - Due to lapse of time and no, availability of important basic records, it is not either..........
Electricity Act, 2003, Section 151, Criminal Procedure Code, 1973, Section 193 -- Theft of electricity - Cognizance of offence by Special Court without any order of committal - Validity - Special Court is empowered to take cognizance without there being an order of committal as contemplated u/s 193 Cr.P.C, as there is an express provision in S.151 Proviso of Electricity..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 32 -- Execution - Decree of specific performance - Decree was executable within two months of passing of decree on payment of balance sale consideration - In appeal appellate Court did not impose a time limit - Objections that balance sale consideration not deposited within time as decree was not stayed by first..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Maintainability of suit u/s 31 of Specific Relief Act - Such an issue does not require any evidence and can be decided by seeing the prayer and pleadings of the suit - Impugned order to decide the issue at a future point, set aside - Matter remitted to decide application afresh...........
Criminal Procedure Code, 1973, Section 173, 173(8) -- Charge sheet and supplementary charge sheet - Court while framing charges, did not consider supplementary challan filed u/s 173(8) Cr.P.C - Order framing charge set aside - Trial Court to pass a fresh order after considering both the reports along with documents produced on file...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Injunction order - Disobedience - For finding a person guilty of willful disobedience there has to be not mere `disobedience' but it should be `willful disobedience' - Allegation of willful disobedience being in the nature of criminal liability, the same has to be proved to the satisfaction of Court that disobedience was not..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Interim injunction order - Willful disobedience - Use of plaintiff's trade mark despite order of interim injunction - Commissioner noted in his second visit to defendant's shop that goods were being sold without any wrapper/labels - Only hoarding on which plaintiff's trade mark was displayed in front of defendant shop was..........
