Evidence Act, 1872, Section 133, 114(b) -- Accomplice - Evidentiary value - Accused can be convicted on the basis of uncorroborated testimony of an accomplice but the rule of prudence require that an accomplice does not generally deserve to be believed unless corroborated in material particulars - There must be some additional evidence rendering it probable that the story..........
Evidence Act, 1872, Section 133, 114(b) -- Accomplice - Evidence of an accomplice should ordinarily be corroborated by some other evidence...........
Criminal Procedure Code, 1973, Section 133, 482 -- Nuisance - Removal of unlawful nuisance of workshop in a residential area - On account of running of said workshop, complainant, his children and other inhabitants of the area were exposed to health hazard, air pollution and noise pollution - Same disturbing the study of children of complainant and other neighbours - Order..........
Criminal Procedure Code, 1973, Section 133, 397(3), 482 -- Second revision - Power under Section 482 Cr.P.C. has to be exercised sparingly and such power not to be utilized as a substitute for second revision - Ordinarily, when a revision has been barred under Section 397(3) of the Code, the complainant or the accused cannot be allowed to take recourse to revision before..........
Criminal Procedure Code, 1973, Section 133 -- Proceedings u/s 133 Cr.P.C. cannot be dropped merely for the reason that some civil suit is pending wherein no specific order is passed - If nuisance is existing and urgent relief is required then provision of S.133 Cr.P.C. comes into play - If the nuisance is such that there is urgent need of removal of nuisance or obstruction..........
Contract Act, 1872, Section 128, 133, 139 -- Guarantor - Variance in terms of contract - If principal debtor and creditor agree to vary terms of original contract, the new terms do not bind surety unless he has assented to new terms...........
Criminal Procedure Code, 1973, Section 133 -- Applicability of the provision - Essential requirement is that there must be evidence showing that any unlawful obstruction or nuisance has been created in a public place, way, river or channel which may be lawfully used by the public - User by public is a condition precedent for initiating the proceedings u/s 133 Cr.P.C...........
Criminal Procedure Code, 1973, Section 133, 142, 482 -- Nuisance - Removal of - Passage used by respondent through Govt. land alleged to be blocked by erecting fencing wall - Since user by public is a condition precedent or initiating the proceedings u/s 133 Cr.P.C. and there being no allegation that petitioner obstructed any public way or the way which is lawfully used by..........
Criminal Procedure Code, 1973, Section 133, 142, 482 -- Passage used by respondent through Govt. land alleged to be blocked by erecting fencing wall - Dispute pending in civil Court - Held, since the lis is pending before the Civil Court and ultimately the right of parties are to be determined by the Civil Court and there being no allegation of obstructing public way or..........
Civil Procedure Code, 1908, Section 35A, Constitution of India, 1950, Article 300A, 133 -- Non payment of Acquisition compensation - Official apathy to blame for - Land owner deprived of compensation for sufficient long time - No legal right to withheld - Exemplary costs imposed - High Court in writ jurisdiction directed to take steps to pay compensation with interest to..........
