Civil Procedure Code, 1908, Order 21, Rule 64 -- Execution - Sale - It is necessary to sell only the portion of property which is necessary for satisfaction of decree and a duty is cast upon Court U.O.21.R.64 CPC to ensure said compliance...........
Criminal Procedure Code, 1973, Section 122(1)(b) -- Imprisonment in default of security - Petitioner executed bond u/s 110(e) Cr.P.C for a period of six months - Pending the period of bond petitioner involved in another case and was arrested - Magistrate without issuing any show cause notice and without giving opportunity of hearing to petitioner mechanically passed an..........
Indian Penal Code, 1860, Section 302, 307 -- Murder of mother by son - Death sentence - FIR shows that there was some quarrel between condemned prisoner and deceased - Accused t not deliberately with pre-mediation committed the crime - Moreover, there is no criminal antecedent against accused - Even there is no report from Jail that he mis-conducted himself while being..........
Indian Penal Code, 1860, Section 323 -- Offence u/s 323 IPC - Sentence - Single blow by hand was given on the head of deceased by accused - Accused who was 25 years old and an international cricketer assaults a man more than twice of his age - Even though any harm might not be directly intended, some aggravated culpability must be attached if the person suffers a grievous..........
Indian Penal Code, 1860, Section 323 -- Offence u/s 323 IPC - Hand can also be a weapon by itself where say a boxer, a wrestler or a cricketer or an extremely physically fit person inflicts the same...........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A, Legal Services Authorities Act, 1987, Section 21 -- Compromise decree passed by Lok Adalat - Decree alleged to be result of fraud practiced by defendants - Terms of decree cannot be avoided unless allegation of fraud is proved - In absence of any conclusive proof as to fraud on the part of objectors, High Court committed..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 439 -- Recovery of 260 grms heroin - Second bail application - Petitioner is not involved in any other criminal case - He is in custody for over 1 year and 3 months and only 2 PWs out of 9 PWs have been examined so far - It is debatable whether mandatory provision of..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Status quo order - Both the parties placed reliance on agreements, which are in their possession - Correctness and genuineness of those document requires evidence - Status quo order rightly passed and calls for no interference...........
Limitation Act, 1963, Article 59, Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31 -- Limitation - Suit for cancellation of sale deed and for possession - When a composite suit is filed for cancellation of sale deed as well as recovery of possession, limitation period is required to be considered with respect to substantive relief of..........
Limitation Act, 1963, Article 59, Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31 -- Composite suit for cancellation of sale deed and possession - Substantive relief is cancellation of sale deed and consequent relief is of possession...........
