Criminal Procedure Code, 1973, Section 227, 228 -- Penal Code, 1860, Section 326 - Framing of Charge - Engraving of tatooeing marks on forehead of petitioners - Not possible with the use of blunt weapon causing permanent disfiguration on the face/forehead - Framing of charge u/S.326 IPC by the Magistrate - Magistrate should have framed charge under Section 326 IPC...........
Hindu Adoptions and Maintenance Act, 1956, Section 18, 20, Civil Procedure Code, 1908, Section 151 -- Interim maintenance - Can be granted under Section 151 CPC even in the absence of any provision in Hindu Adoptions and Maintenance Act for allowing such interim maintenance - Legal rigidity shall give way to legal necessity...........
Consumer Protection Act, 1986, Section 21(b) -- Revision - Defaulter - Securing presence of - Question about procedure to be followed and power of Presidents of District Forums to pass orders issuing warrants for securing presence of defaulters.
Held, neither the Act nor the rules framed by the State Government provides for any specific procedure to be followed in the..........
Criminal Procedure Code, 1973, Section 482 -- Complaint under section 16 of the Prevention of Food Adulteration Act, 1954 - Summoning order - Petition for quashing - Minor adulteration - The excess total ash of only 1% allegedly shown in the report of Public Analyst which is very negligible - Keeping in view the ratio laid down by the Hon'ble Supreme Court, that there was..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance claim by stepmother against step-son - Having regard to the social object of provision of Section 125 Cr.P.C. and to achieve that objective a childless step mother may claim maintenance from her step-son provided she is a widow or her husband, if living, is also incapable of supporting and maintaining her...........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 28 -- Petition for restitution of conjugal rights - Exparte order passed - Application to set aside exparte order - Application is maintainable - Section 28 of Hindu Marriage Act providing for an appeal is not a bar to file such an application...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff not party to proceedings u/s 145 Cr.P.C. but dispossessed by reason of order under that Section - Order in said proceeding not binding on plaintiff - Plaintiff can espouse and establish his cause in suit despite order u/s 145 Cr.P.C. - Injunction can be granted when suit property is..........
Indian Penal Code, 1860, Section 406, 420, 467, Criminal Procedure Code, 1973, Section 482 -- Complainant on study leave - Accused withdrew his salary and DA - Offence of cheating, breach of trust and forgery - Cognizance taken - High Court proceeded to consider the version of the accused as given out in their petition filed under Section 482 - Held, this course is wholly..........
Criminal Procedure Code, 1973, Section 482 -- Insecticide Act, 1968, Section 29 - Sanction - Offence by company - Prosecution of office bearers - Unless the Company was impleaded as an accused, the question of liability of the office bearers of the Company responsible for the production of the commodity in question, would not arise - Such office bearers are in a position..........
Criminal Procedure Code, 1973, Section 482 -- Inherent Powers - Alternate remedy - Petition for quashing complaint and summoning order - Alternative efficacious remedy is available to the petitioners before the Judicial Magistrate - High reluctant to exercise its inherent powers under Section 482 of the Code...........
