Criminal Procedure Code, 1973, Section 451, 457 -- Release of gold and silver ornaments etc. - Application filed by wife of accused against whom case is registered u/ss 13(1)(e), 13(2) of P.C Act - Court below rejected the application on ground that if interim custody of ornaments is given to applicants, there is every chance of changing their nature - However, even if..........
Specific Relief Act, 1963, Section 38, 39 -- Permanent and mandatory injunction - Claim of plaintiff based on plea of easement of necessity as also prescription - However, plea of easement rejected by Court below but suit decreed on the ground that suit land was classified as `share-aam-rashta' in revenue record - Findings of Court below is erroneous, as property in..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of regular bail - While cancelling bail of petitioners Court below has not followed proper procedure and has rather decided application for cancellation of bail in a manner as if application for bail is to be rejected - Whereas, criteria for cancelling bail is on different footing and there are specific grounds..........
Civil Procedure Code, 1908, Section 24 -- Application for transfer of election petition - An order for transfer of case should be made only for good and sufficient reasons and on grounds, set out in application which may justify the transfer - Court provided enough opportunities to petitioner to lead her evidence but she failed to raise the same - No ground to allow..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Exparte order - Setting aside - Tribunal rejected application of petitioner on ground that despite knowledge of case pending against him he has gone to work at place `M' - Reason given by Tribunal is not justified as petitioner failed to contest proceedings before Tribunal due to communal clashes having taken..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Incident occurred in broad day light and in presence of numerous witnesses - Deceased was chased for quite a distance and she was set on fire after drenching her with petrol - Several eye witnesses have been cited by prosecution and they all reside near to house of accused -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - At belated stage - Suit for declaration and partition - Amendment sought to change area of suit plot and also to add co-sharer in said property - Plea that defendant could not disclose every aspect to their lawyer regarding suit property, which were detected at belated stage, is vague - Such..........
Government Contract -- Breach of dealership agreement - Termination of dealership - Single Judge upheld the respondent's termination letter of dealership and considered it proper to grant liberty to respondent to file a representation to appellant for consideration of his case for restoration of his dealership - Appellant rejected the respondent' representation - Single..........
Criminal Procedure Code, 1973, Section 311 -- Summoning of witness as Court witness - Murder case - Summoning of brother of deceased on the plea that accused is falsely implicated - Accused relies upon recorded conversation between brother of deceased and mother of accused, wherein he is alleged to have threatened mother of accused and asked her to make accused depose..........
Evidence Act, 1872, Section 155, 145 -- Impeaching credibility of witness - Confrontation to his earlier admitted statement recorded u/s 161 Cr.P.C - Accused has a right to get a fair trial and for that he is required to be given reasonable opportunity to defend himself in trial to permit him to confront witnesses with statement and other evidence upon which prosecution is..........
