Civil Procedure Code, 1908, Order 14, Rule 5 -- Issues - Additional issues - Proposed issues relating to inter-se dispute between defendants - Trial Court holding that such issues neither relevant nor necessary to be framed - Order upheld...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Exparte decree - Setting aside - Delay of 10 years - Condonation - Defendant failed to appear despite service of summons - No reason shown for not appearing in the case despite service of summons - Sufficient cause for delay not shown - Application dismissed...........
Explosive Substances Act, 1908, Section 5 -- Explosives - Possession of - Recovery of powder kept in small 'puriya' in small tin from possession of accused appeared as explosive substance - No report of Chemical Examiner that powder recovered is explosive - Conviction not proper...........
Prevention of Corruption Act, 1988, Section 5(3), 5(4), Criminal Procedure Code, 1973, Section 156 -- Special Judge under the Prevention of Corruption Act is not a Magistrate within the meaning of sub-section (3) of S.156 Cr.P.C. - Special Judge is incompetent to refer complaint to police to investigate...........
Criminal Procedure Code, 1973, Section 156(3), Prevention of Corruption Act, 1988, Section 5 -- Special Judge appointed under the provisions of Prevention of Corruption Act is not a Magistrate within the meaning of S.156(3) of Cr.P.C. - Special Judge is not competent to refer complaint to police for investigation...........
Prevention of Corruption Act, 1947, Section 5(2) -- Reduction in sentence - Illegal gratification - Conviction and sentence of 4 years - Incident 18 years old - Accused dismissed from service - Sentence reduced from 4 years to 2 years RI but sentence of fine of Rs.500/- to remain intact...........
Prevention of Corruption Act, 1947, Section 5(2), Criminal Procedure Code, 1973, Section 154 -- Illegal gratification - FIR - Delay of five months - Accused working as peon in Court of ADJ - Accused getting Rs.15,000/- from complainant to get a favourable order - Order went against complainant - Complainant kept demanding back the money for 5 months and lodged a complaint..........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1947, Section 5(2), 6 -- Public servant - Sanction for prosecution - Illegal gratification - Sanction order indicated that Rs.5,000/- out of Rs.15,000/- had been recovered during investigation although there had been no recovery at all - It will not make the sanction invalid...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 21 -- An application u/s 5 of Limitation Act is not maintainable in a proceeding arising under O.21 CPC...........
Civil Procedure Code, 1908, Section 151, Limitation Act, 1963, Section 5 -- Delay - Condonation - Court by exercise of its inherent power cannot condone delay...........
