Civil Procedure Code, 1908, Section 144 -- Decree for restitution under Section 144 CPC indivisible - Such decree cannot be interfered with unless all the parties in whose favour such decree was passed are before the Supreme Court in appeal...........
Punjab Village Common Lands (Regulation) Act, Section 13,2(c),2(g) -- as in Haryana State - Suit in Civil Court for permanent injunction against Sarpanch and others restraining them from constructing a Gali through Sehan of property of plaintiff - Interim injunction granted to maintain status quo - Objection that jurisdiction of Civil Court barred under Section 13 - Not..........
Civil Procedure Code,, Section 9 -- Plea that in a case where question of jurisdiction is raised Court should not grant interim injunction - Not tenable in view of Supreme Court decision in Tayabbhai M. Bagasarwalla's case 1997 (3) SCC 443 - Court has jurisdiction to pass interim orders during pendency of proceedings - Mere objection to jurisdiction - Does not instantly..........
Criminal Procedure Code, 1973, Section 439(2) -- FIR under Sections 379, 482 and 484 IPC read with Section 39 of the Indian Electricity Act - Cancellation of anticipatory bail - Petition for - No ground for cancellation of anticipatory bail made out - Additional Sessions Judge directing petitioner to restore power connection to the respondent No.1 - The part of the order..........
Civil Procedure Code -- Rebuttal evidence - Onus of issue on a particular party - That party has no right to lead evidence in rebuttal - Evidence Act, Section 135...........
Criminal Procedure Code, 1973, Section 439 -- FIR under section 304B/34 IPC - Bail - On the ground of illness - Documents from Hospital show that petitioner suffering from heart disease and need angiography - Interim bail for 3 months granted to undergo treatment as advised by doctors...........
Criminal Procedure Code, 1973, Section 401 -- Penal Code, 1860, Section 420/379 - Revision against order of discharge - Removal of tractor from the house of complainant by respondents when complainant was not present in his house - At the stage of charge the respondents discharged - The act of the respondents prima facie was dishonest vide which the petitioner's possession..........
Criminal Procedure Code, 1973, Section 482 -- Registration of case - Allegations of illegally detaining of the petitioner and forcibly collecting an amount of Rs.2.5 lakhs by Police Inspector for Police D.A.V. Public School - Enquiry conducted by District and Sessions Judge under directions of High Court - Allegations against Inspector substantiated during enquiry -..........
Civil Procedure Code -- A and Section 105 - Non - appealable interlocutory orders - Party aggrieved by interlocutory order - Given - a right only in appeal against decree to contend that such order should not have been made...........
Civil Procedure Code, 1908, Section 115(1), Order 18, Rule 17A - - Revision against order dismissing application for additional evidence - Not maintainable - Order does not fulfil requirement of clause (a) nor that of irreparable injury postulated in clause (b) of Proviso to Section 115(1) - Petitioner if fails in suit entitled to challenge in appeal against decree under..........
