Civil Procedure Code, 1908, Order 22, Rule 4, Civil Procedure Code, 1908, Order 41, Rule 14(3) -- (As in HP) - Substitution of LRs - Death of defendant No.18 during pendency of first appeal - Defendant No.18 was proceeded ex parte in trial Court as well as in first Appellate Court - He did not contest matter in either Courts and as such his service or service upon his LRs..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 506 -- Quashing of FIR - Rape case - Compromise arrived at in between parties - Allegation that accused had entered into physical relations with prosecutrix and on account of that she had become pregnant and he was not getting married to her - However, parties are living together happily with..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-owners - Law as to grant of ad interim injunction : Joint ownership and absence of consent of co-owner(s) is definitely a relevant fact to be considered for granting stay in suit filed by a co-owner but it cannot be a straitjacket formula to grant stay in each and every case - Moreover,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-owners - Restraining other co-owners from raising construction - Plaintiff already raised construction - Plaintiff is still entitled to temporary injunction on establishing substantial loss or injury being caused to him by construction raised by other co-owner(s)...........
Indian Penal Code, 1860, Section 124A, 153A, 505, 120B, Criminal Procedure Code, 1973, Section 439 -- Bail - Offence u/ss 124-A, 153-A, 505, 120-B IPC - Accused may have been ill treated while in police custody as per Medical Board of Army Hospital - Charges against accused are not such in which custodial interrogation would be required, as all statements made by accused..........
Indian Penal Code, 1860, Section 420, 467, 468, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Compromise - Property dispute between close relatives - FIR is outcome of a civil nature - With the present stand of parties in terms of their settlement, there is practically no chance of recording conviction - In other words, entire exercise of..........
Protection of Women From Domestic Violence Act, 2005, Section 21, 23, Criminal Procedure Code, 1973, Section 482 -- Quashing of order - Order passed u/ss 21, 23 of PWDV Act do not attach any criminal liability, as it is civil in nature - Application u/s 482 Cr.P.C not maintainable against such order - Moreover, petitioner bypassing remedies u/ss 25, 29 of PWDV Act, cannot..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - While deciding petition u/s 482 Cr.P.C, Court cannot sit in trial or embark on an enquiry upon merits of case pending before trial Court - Power u/s 482 Cr.P.C to quash proceedings has to be sparingly exercised...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Cheques issued towards payment of amount due under chit transactions - No dispute regarding dates of presentation of cheques, their dishonour, issuance of statutory notice and compliance of provisions of Act with regard to limitation..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Court while considering an application for bail must not go into deep into merits of matter such as question of credibility and reliability of PWs which can only be tested during trial...........
