Civil Procedure Code, 1908, Order 38, Rule 5 -- Injunction order passed by Court not complied with - Registration of case under Section 406 I.P.C. against defendant - Per se would not constitute sufficient ground for passing order attaching property before judgment...........
Criminal Procedure Code, 1973, Section 482 -- Power to impose costs - While exercising inherent jurisdiction under Section 482, Court has power to pass `such orders' (not inconsistent with any provision of the Code) including the order for costs in appropriate cases, (i) to give effect to any order passed under the Code or (ii) to prevent abuse of the process of any Court..........
Civil Procedure Code, 1908, Section 151 -- Under Section 151 of the Code, the Court has the inherent powers to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court...........
Civil Procedure Code, 1908, Section 151, 144 -- Restoration of possession - Inadvertent mistake of Court in directing warrants of possession to be issued - Possession taken in pursuance of such warrants of possession - Cannot be retained - Plea that application under Section 144 maintainable only if there was any variation or reversal of judgment or decree in appeal or..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Conditions mentioned in section must be strictly fulfilled before second appeal can be maintained - Memorandum of appeal must precisely state substantial question of law - High Court obliged to satisfy itself existence of substantial question of law - High Court can hear appeal on substantial question of law though..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 15 -- Execution - Joint decree - Joint decree can be executed as a whole since it is not divisible and it can be executed in part only where the share of the decree holders are defined or those shares can be prescribed or the share is not is dispute as the executing Court cannot find out the shares of the decree..........
Criminal Procedure Code, 1973, Section 437, 439, 167(2) -- Non filing of charge sheet within 90 days - Bail - Accused arrested u/s 15 of NDPS Act at Rajasthan - While under detention in relation to another case he was recorded as arrested in M.P. State in a similar case - Bail granted by Rajasthan Court - M.P. Court refused bail u/s 167(2) on ground he was not produced..........
Civil Procedure Code, 1908, Section 9 -- Mismanagement and misutilising funds of the Municipal Council by its Officers - Suit filed against Municipal Council - Mandatory injunction sought against the State Government and the Collector to take necessary action against the defendants - Municipal Council Act providing for machinery for redressing grievance as made - There..........
Civil Procedure Code, 1908, Section 115 -- Maintainability of revision against interim order - If interim order will occasion a failure of justice or cause irreparable injury to the party against whom it was made - Section 115 must come to the rescue of aggrieved party - High Court cannot fail in its duty in not interfering in those cases - Mere fact that such order can be..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 - - Temporary or ad interim injunction - Power of Court not only arises from provisions of Order 39 or under provisions of Specific Relief Act - Cases not covered under Order 39 - Court can still grant injunction under Section 151 - Inherent power of Court to grant injunction to meet ends of justice or to prevent..........
