Civil Procedure Code, 1908, Section 100, 151 -- Counsel stated that appellant willing to deposit amount towards arrears of rent within two months - Amount never deposited - Application under Section 151 for withdrawing statement made by counsel as irresponsible or erroneous and no such amount involved in the case - Having given statement before the Court to deposit the..........
Civil Procedure Code, 1908, Order 43, Rule 1(r), Civil Procedure Code, 1908, Order 39, Rule 1, 2 - - Revision directly against order under Order 39 Rules 1 and 2 - Not maintainable - Order appealable under Order 43 Rule 1(r) - Plea that revision maintainable as appeal against order under Order 39 Rules 1 and 2 lies to District Judge and not to High Court - Not tenable in..........
Criminal Procedure Code, 1973, Section 145 -- Quashing of Kalendra - Petition for - Second respondent joint tenant and is in joint possession alongwith the father of the petitioner - Proceedings under Section 145 of the Code cannot be initiated...........
Criminal Procedure Code, 1973, Section 125(1) -- Expln. Clause (b) - Decree for restitution of conjugal rights obtained by husband - Wife failed to comply - Husband then obtained a decree for divorce - Held, such wife does not fall in clause (b) of the Explanation - She is not entitled to claim maintenance under Section 125 Cr.P.C...........
Prevention of Corruption Act, 1988, Section 19(1), Criminal Procedure Code, 1973, Section 197 -- Sanction to prosecute - Members of Parliament and the State Legislature are public servants liable to be prosecuted for offences under the Act - Cannot be prosecuted for offences under Section 7, 10, 11 and 13 of the Act because of want of an authority competent to grant..........
Prevention of Corruption Act, 1988, Section 19(1), Criminal Procedure Code, 1973, Section 197 -- Sanction to prosecute - Since there is no authority competent to remove a Member of Parliament and to grant sanction for his prosecution under Section 19(1) of the Prevention of Corruption Act, 1988, the court can take cognizance of the offences mentioned in Section 19(1) in..........
Criminal Procedure Code, 1973, Section 193, 319 -- Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 - Summoning order - Accused-petitioner earlier discharged by Judicial Magistrate 1st Class on an application moved by the prosecution - Summoning order by Additional Sessions Judge u/S.319 of the Code at the stage of framing of the charge without recording..........
Prevention of Food Adulteration Act, 1954, Section 16(1)(a)(i), 7 -- Revision against conviction - Contention that mandatory provisions of Section 13(2) of the Act not complied with - Not controverted the allegations in his statement under Section 313 Cr.P.C. that he has not received notice alongwith Public Analyst's report - Accused never made any prayer before the lower..........
Indian Penal Code, 1860, Section 302, 34 -- Appeal against acquittal - Appreciation of evidence - Eye-witness - Evidence of - Accepted by both the Courts below - Both the accused had common animus against the deceased as they had not liked his illicit intimacy with their mother - Both the accused were acting in furtherance of their common intention when they had assaulted..........
Indian Penal Code, 1860, Section 80, 302 -- Appeal against conviction - Plea of defence of accident - The first requisite of Section 80 of the Act i.e. the act in question was without any criminal intention or knowledge lacking - The reeper said to have been swung by the deceased at the appellant as spoken to in his statement u/S.313 Cr.P.C. not found at the scene of..........
