Civil Procedure Code, 1908, Order 21, Rule 84, 85 -- Auction sale - Law as to: (i) O.21.Rr.84, 85 CPC are mandatory; deposit of one-fourth immediately and balance within fifteen days are pre-conditions to any valid confirmation; (ii) non-compliance with those provisions ordinarily renders the sale a nullity and triggers O.21.R.86 CPC consequences; (iii) subsequent..........
Civil Procedure Code, 1908, Order 21, Rule 84, 85 -- Auction sale - Mere registration of a deed, if procured in consequence of a sale which was void for want of compliance with O.21 CPC, cannot retroactively confer validity on proceedings which were statutorily defective ab initio - Law does not permit procedural ratification to be manufactured by subsequent events when..........
Negotiable Instruments Act, 1881, Section 138, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 84 -- Dishonour of cheque - Proclaimed person - Satisfaction recorded by trial Court cannot be stated to be proper since no effective service of notice/bailable warrants/non-bailable warrants was proved to have been effected upon petitioner - Action of trial Court by switching..........
Bharatiya Nyaya Sanhita, 2023, Section 84, 69, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Offence u/ss.84, 69 BNS - Bail - Prosecutrix already married - S.69 BNS cannot be attracted against the accused as there cannot be a promise of marriage when one of the parties is in a subsisting marriage - Further, S.84 BNS is a bailable offence therefore, the continued..........
Criminal Procedure Code, 1973, Section 82, 83, 84 -- Attachment of property of accused - Objections - Objections to the effect that property does not belong to accused can also be raised within six months from the date of such attachment - However, it does not bar raising of objection prior to attachment...........
Criminal Procedure Code, 1973, Section 82, 83, 84 -- Attachment of property of accused - Objections - If a third party raises an objection prior to attachment of property, Court has to decide the same and if Court comes to conclusion that property does not belong to accused, Court can pass an order, either declining to attach property or withdraw attachment order...........
Indian Penal Code, 1860, Section 84 -- Plea of insanity - Burden and standard of proof - The burden to prove legal insanity is on accused - However, accused is not required to prove the same beyond all reasonable doubt - The standard of proof to prove insanity is only a reasonable doubt...........
Indian Penal Code, 1860, Section 302, 84 -- Murder - Plea of Insanity - Conviction - Medical report on record show accused normal - However, the medical examination of accused was only conducted during the pendency of appeal i.e. after 5 years from the incident - Further, the prosecution witnesses testified that accused mental condition was unstable both before and after..........
Indian Penal Code, 1860, Section 84 -- Plea of insanity - No act done by lunatic is an offence because a lunatic is not in the position to defend himself...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, 84 -- Anticipatory bail - Proclaimed offender - There is no total embargo on considering application for grant of anticipatory bail - Court has to see the circumstances of the case, nature of offence and background based on which such a proclamation was issued...........
