Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 177, 420, Passport (Entry into India) Act, 1920, Section 2 -- Quashing of FIR - Compromise - Since offence u/s 177 IPC does not prima facie appear to be so grave and nor is so heinous so as to attract the rigour of embargo foisted upon the High Court in Gian Singh`s case - Therefore, settlement as..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - For arraigning an additional accused, there has to be much stronger evidence against accused than mere probability of his involvement in the crime...........
Criminal Procedure Code, 1973, Section 190(1)(b), 204 -- Cognizance of offence - Summoning of additional accused - Magistrate is empowered to take cognizance of offence and thereby summon any other person as an additional accused who may also appear to have committed offence from facts stated in charge sheet of police...........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer complaint - Medical negligence - Post operative negligence and follow up care - Contention that where patient was admitted for post operative care was not registered under provisions of Transplantation of Human Organs and Tissues Act - Contention rejected, as hospitals where procedure of transplantation is..........
Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Article 58 -- Rejection of plaint - Suit for declaration - Suit covered under Art.58 of Limitation Act - Suit not filed within three years when right to sue first accrued - Plaint rightly rejected...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Can be passed if defence set up was such as to make it impossible for a party to succeed, as same shall be ground enough to accept the defence as admission...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - O.12.R.6 CPC can be invoked when objections raised against rendering a judgment are such, which goes to the root of matter or whether the objections are inconsequential, making it impossible for party to succeed, even if entertained...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Trial Court has suo moto power to consider pleadings and exercise the power as available to it U.O.12.R.6 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court can exercise its power U.O.7.R.11 CPC at any stage of suit but before conclusion of trial - Trial Court erred in observing that since evidence had commenced, application U.O.7.R.11 CPC is not maintainable...........
Civil Procedure Code, 1908, Order 7, Rule 11, Punjab Village Common Lands (Regulation) Act, 1961, Section 13 -- Rejection of plaint - Jurisdiction - Civil suit against Gram Panchayat involving adjudication of rights of parties over suit property - Jurisdiction to decide any dispute as to whether any right, title or interest in any land or immovable property vests in Gram..........
