Criminal Procedure Code, 1973, Section 439(2), Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3) -- Cancellation of bail - Ex parte ad interim stay of operation of an order granting bail till disposal of application for cancellation of bail - As a normal rule, ex-parte stay of the bail order should not be granted - Said power can be exercised only in rare and very..........
Civil Procedure Code, 1908, Order 21, Rule 54(2) -- Execution - Attachment of property - Order of attachment shall be deemed to take effect as against the transferees without consideration from the date of order of attachment - However, as against all other persons, from the date on which they get knowledge about the order of attachment or the date on which the order was..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Neither there is specific bar, nor hard and fast rule that Advocate Commissioner cannot be appointed before commencement of trial or before passing an order granting temporary injunction, particularly when appointment of an Advocate Commissioner would help in disposing application for..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Temporary injunction - Disobedience - In case of disobedience of any injunction granted under Rr.1 and 2 or breach of any of the terms of injunction, the Court granting injunction may order the property of the person guilty of such disobedience or breach to be attached and may also order such person to be detained in the..........
Criminal Procedure Code, 1973, Section 397, 401, 482 -- Revision - Scope of interference in a revision petition u/ss 397/401 Cr.P.C. r/w S.482 Cr.P.C. is narrow and can only be done if a situation arises wherein impugned order is replete with legal infirmities and is unconscionable to rule of law...........
Criminal Procedure Code, 1973, Section 389(2) -- Suspension of conviction - Appellate Court has power to suspend sentence and conviction - Order granting stay of conviction is not rule but an exception to be resorted in rarest of rare cases, depending upon facts of the case...........
Criminal Procedure Code, 1973, Section 156(3), Indian Penal Code, 1860, Section 379, 414, Mines and Minerals (Regulation and Development) Act, 1957, Section 4, 21, Madhya Pradesh Minerals (Prevention of illegal Mining, Transportation and Storage) Rules, 2006, Rule 18 -- Offence u/ss 379, 414 IPC, Ss.4/21 of Mines & Minerals (Development & Regulation) Act, 1957 & Rule 18 of..........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Suit to set aside compromise decree is not maintainable - However, compromise decree can be questioned on an application under proviso to Rule 3 of Order 23 CPC before the Court...........
Criminal Procedure Code, 1973, Section 125, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Maintenance to wife - No evidence on record to establish income of husband - Court has to make a rough estimate as to what his income could be - It has not been established that husband is owning a ready made garments shop - At best it could be held that he was..........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 101, 103 -- Execution - Third party objections - Where Executing Court, without going into merits, declines to adjudicate upon lis between parties under O.21.R.101 read with Rule 97 and Rule 98 CPC on the ground of non maintainability of the application, such order passed by executing court can not be deemed to be a decree..........
