Civil Procedure Code, 1908, Order 21, Rule 58, Civil Procedure Code, 1908, Order 38, Rule 10 -- Execution of decree - Arrest and attachment before judgment - Agreement of sale executed prior to order of attachment before judgment - Decree for specific performance in favour of appellant passed in year 2006 - This Court cannot go into validity of proceedings of decree of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Suit for partition - Impleading at the stage of final decree - Transferee pendente lite - Sale deed executed in defiance of injunction order - Impugned order rejecting application set aside - Impleadment application allowed...........
Criminal Procedure Code, 1973, Section 156(3), 202 -- Application u/s 156(3) Cr.P.C. treated as a complaint case - A case already registered at concerned Police Station and charge sheet submitted - Entire evidence available with the applicant - No illegality in impugned order...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17-A -- Additional evidence - Evidence of both the parties closed - Documents sought to be produced on record by way of additional evidence are judgment of Civil Court, electricity bill and ration card - These documents cannot be manufactured by the plaintiff after closure of his evidence - Additional evidence allowed..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Appeal against conviction - Bail granted during pendency of appeal - Stay of 50% of compensation amount of Rs.1.50 lakhs ordered - Order modified - On deposit of 1/3 amount of compensation recovery of the remaining amount of compensation (Rs.1, 00, 000/-)..........
Criminal Procedure Code, 1973, Section 216 -- Additional charge - Framed u/ss 302/149 and 307/149 IPC - Considering evidence of two doctors Court framed the additional charge - In the opinion of Doctor, ante-mortem injuries were sufficient to cause death in normal circumstances - Accused can be convicted under the said provisions of law only when there is a charge..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Trial Court rejected the prayer for ad interim injunction - Appellate Court granted ad interim injunction for an unlimited period which is not permissible in law - Impugned order modified to the extent that ad-interim order of injunction will remain valid till the next date of hearing of appeal and..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Order of status qua against the parties - However, respondent sold disused property - Purchasers not party to the suit - Respondent and purchasers are directed to maintain status quo by appellate Court...........
Civil Procedure Code, 1908, Section 151 -- Exercise of inherent powers to meet ends of justice - This includes power to give appropriate relief in order to avoid multiplicity of litigation - Court in exercise of this power can mould relief which can be granted on the basis of pleadings and evidence before it...........
Criminal Procedure Code, 1973, Section 389 -- Bail during pendency of appeal - Bail granted subject to payment of 50% amount of compensation - Compensation amount Rs.1.50 lakhs - Order modified - On deposit of Rs.50, 000/- within fifteen days the recovery of remaining amount will remain stayed till the disposal of appeal - Amount so deposited shall not be withdrawn by the..........
