Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 28 -- Petition for restitution of conjugal rights - Exparte order passed - Application to set aside exparte order - Application is maintainable - Section 28 of Hindu Marriage Act providing for an appeal is not a bar to file such an application...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff not party to proceedings u/s 145 Cr.P.C. but dispossessed by reason of order under that Section - Order in said proceeding not binding on plaintiff - Plaintiff can espouse and establish his cause in suit despite order u/s 145 Cr.P.C. - Injunction can be granted when suit property is..........
Indian Penal Code, 1860, Section 406, 420, 467, Criminal Procedure Code, 1973, Section 482 -- Complainant on study leave - Accused withdrew his salary and DA - Offence of cheating, breach of trust and forgery - Cognizance taken - High Court proceeded to consider the version of the accused as given out in their petition filed under Section 482 - Held, this course is wholly..........
Criminal Procedure Code, 1973, Section 482 -- Insecticide Act, 1968, Section 29 - Sanction - Offence by company - Prosecution of office bearers - Unless the Company was impleaded as an accused, the question of liability of the office bearers of the Company responsible for the production of the commodity in question, would not arise - Such office bearers are in a position..........
Criminal Procedure Code, 1973, Section 482 -- Inherent Powers - Alternate remedy - Petition for quashing complaint and summoning order - Alternative efficacious remedy is available to the petitioners before the Judicial Magistrate - High reluctant to exercise its inherent powers under Section 482 of the Code...........
Civil Procedure Code, 1908, Section 148A(1), Order 39, Rule 1, 2, 3 -- Party lodging caveat under Section 148-A(1) - Court to serve notice of application for injunction to caveator - Court has no jurisdiction to grant ex parte injunction order unless conditions prescribed therein are complied with - In view of provisions of O.39.R.3 and Section 148-A which make a mandatory..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Partner - Whether ceased to be a partner - Held, it is not the relevant question which can be gone into in the proceedings under Section 482 of the Code...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 7 -- Threat to change nature of land, to cause injury to subject-matter of suit or to cause comparative inconvenience or hardship to party - Civil Court to direct the parties to maintain status quo till the clouds of rights and liabilities of the parties are finally decided in the suit on merits - If matter be outside..........
Civil Procedure Code, 1908, Section 144, 151 -- Eviction order - Appeal - During pendency of hearing of stay application D.H. undertaking not to execute decree till hearing of stay application - J.D. dispossessed on same day in execution proceeding - J.D. ordered to be put back in possession by invoking powers under Section 151 CPC - Held, S.144 is not applicable in such..........
Civil Procedure Code, 1908, Section 92, 115 -- Permission to sue - Order passed without giving opportunity of hearing to defendants - Neither illegal nor amounts to material irregularity in eyes of law - As such, no revision against that order is maintainable - Moreover, requirement of giving notice in disposal of application under Section 92 is merely a rule of caution..........
