Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized vehicle - Vehicle involved in NDPS case - Petitioner is registered owner of vehicle in question, which has not been claimed by any other person - Vehicle seized under NDPS Act can be released in favour of its registered owner though may be an accused if no order of confiscation has been passed - Vehicle..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Demarcation - An order of demarcation is passed only after framing of relevant issues...........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent prohibitory injunction - Plaintiff filed a simpliciter suit for injunction and no relief has been sought against petitioner - Nothing brought on record by petitioners that he is necessary or proper party to suit and in his absence no effective decree could be passed at..........
Criminal Procedure Code, 1973, Section 389(1), Prevention of Corruption Act, 1988, Section 13(2), 13(1)(e), 11 -- Suspension of sentence during pendency of appeal against conviction - Offence u/ss 13(2), 13(1)(e), 11 of P. C Act - Considering facts and circumstances of case including extent of imprisonment undergone, condition of health of accused and need for early..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 174A -- Dishonour of cheque - Proclaimed offender - Registration of FIR u/s 174-A IPC - Quashing of FIR - Compromise arrived at between parties in proceedings u/s 138 of N.I. Act - Complainant withdrew his complaint and petitioner discharged on the basis of compromise - In such..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A -- Police aid - Violation of ex parte injunction order - Court cannot straight away order police aid without disposing of interim injunction petition because granting police aid to implement an ex parte injunction order may cause prejudice and hardship to opposite party, without hearing him - Party can take..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Status quo order - Oral agreement entered into between parties - It is thus, not proper to grant injunction without due inquiry, particularly when both the parties are companies - Status quo order rightly passed...........
Criminal Procedure Code, 1973, Section 133(1) -- Public nuisance - SDM omitted to pass a conditional order of removal of nuisance u/s 133(1) Cr.P.C and without passing a preliminary order, directly proceed to enquire into the matter and passed final order directing removal of nuisance - There is thus, non-compliance of S.133 Cr.P.C - Impugned order set aside - Matter..........
Civil Procedure Code, 1908, Section 151 -- Custody of child - Father seeking custody of minor daughter - Father granted permission to visit child periodically - Application u/s 151 CPC by father praying for allowing him to admit his daughter in a Public English Medium institution at his own cost for the purpose of overall development and welfare of child - Application..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 25 -- Remand - De novo trial - First Appellate Court mechanically passed an order of remand without applying itself to fact situation of case and without appreciating fact that issue on which remand order is passed was already decided by trial Court - Order of remand not covered under provisions of O.41.Rr.23, 23-A, 25..........
