Indian Penal Code, 1860, Section 384, Criminal Procedure Code, 1973, Section 482 -- Extortion - Quashing of order taking cognizance - Allegation that petitioners threatened respondent/wife to give an express undertaking to consent for divorce with her husband in divorce petition filed by husband pending in Court - However, there is not even an iota of evidence to show that..........
Criminal Procedure Code, 1973, Section 190, 200, 460 -- Cognizance of offence - Non examination of complainant - Order taking cognizance set aside...........
Civil Procedure Code, 1908, Order 21, Rule 36 -- Execution of eviction decree - Recurring infringement of decree by tenant - Second execution petition filed by subsequent purchaser - Maintainability - Tenant earlier vacated rented premises but subsequently trespassed into it - Executing Court would not become functus officio to pass second order of delivery - Thus,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 8(c), 21(c) -- Offence u/s 8(c) and 21(c) of Act - Reduction of default sentence - Accused convicted and sentenced to undergo R.I of 10 years along with 1 lac fine in default to undergo further period of six months - They suffered a substantive sentence of 10 years but during these ten years they failed to..........
Civil Procedure Code, 1908, Section 64, Order 38, Rule 10, Registration Act, 1908, Section 71, 76 -- Registration of sale deed - Order of attachment cannot be a bar to registration of document - Sale of property, pending the order of attachment is void only as against the claims enforceable under the order of said attachment and not in respect of other claims - Sale of..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 29 -- Order passed under PWDV Act - It is appeal and not revision which is maintainable against order passed under the Act...........
Civil Procedure Code, 1908, Section 115 -- Revision - Maintainability - Order dismissing petition filed for marking Xerox copy of Will - Revision against said order is not maintainable as order cannot be said to be one which would have resulted in final disposal of suit - Revision dismissed...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Sufficient cause - Petitioner remained ex-parte on two occasions and provided no valid and sufficient reason to set aside ex-parte decree - If intention of litigant is not bonafide then he is not entitled to indulgence of Court - Order dismissing application calls for no interference...........
Criminal Procedure Code, 1973, Section 451 -- Release of seized property - An order passed u/s 451 Cr.P.C. is only transitory in nature and same would live force till disposal of main case itself in considered opinion of Court...........
Criminal Procedure Code, 1973, Section 451, 457, Indian Penal Code, 1860, Section 395, 397 -- Release of seized property - Robbery - Admittedly stolen property was recovered from accused and are in custody of complainant - However, stolen property in the form of jewels were pledged with petitioner/Finance company - Petitioner is legitimately entitled to stake its rightful..........
