Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - If the order granting bail is vitiated by arbitrary and wrong exercise of discretion by Court, the same can be set at naught by High Court u/s 439(2) of the Code...........
Criminal Procedure Code, 1973, Section 439(2), 482, Indian Penal Code, 1860, Section 354, Protection of Children from Sexual Offences Act, 2012, Section 9(f), 9(k), 9(m), 10, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 75 -- Cancellation of bail - Outraging modesty of minor girl by her teacher - Victim aged about 11 years is an intellectual..........
Criminal Procedure Code, 1973, Section 73 -- Arrest warrants - Order issuing warrant of arrest, without recording satisfaction that accused are evading their arrest, is not in consonance with provision of S.73(1) Cr.P.C - Satisfaction of Court should be reflected in order itself - Order by which no, bailable warrant of arrest issued against petitioners quashed and set..........
Criminal Procedure Code, 1973, Section 82 -- Issuance of processes u/s 82 Cr.P.C - Merely because accused are absent, Court issued process u/s 82 Cr.P.C in a most mechanical manner without recording subjective satisfaction as to why it is necessary to issue proclamation - No material on record that Court has reasons to believe that petitioners have absconded or are..........
Criminal Procedure Code, 1973, Section 83 -- Attachment of property u/s 83 Cr.P.C - In a case where processes in terms of Ss.82, 83 Cr.P.C are issued separately, then without recording a statement as envisaged u/s 82(3) Cr.P.C, attachment order u/s 83 Cr.P.C cannot be issued - Since there is no statement in compliance of S.82(3) Cr.P.C on record, order of attachment u/s 83..........
Civil Procedure Code, 1908, Order 21, Rule 11, 58(2) -- Execution - Executing Court giving effect to award of land acquisition compensation - Death of D.H. after passing of award - Will set up by one of the heirs of deceased - Enquiry by Executing Court as to genuineness and validity of will - Adjudication of rival claims in respect of immovable property can always be done..........
Civil Procedure Code, 1908, Order 21, Rule 89 -- Auction sale - Setting aside sale on deposit of amount - Respondent being guarantor deposited entire due amount for which NOC was also issued - Information regarding same was given to Execution Court, which had not been considered - Substantial injury will be caused to respondent if his property was allowed to be taken away..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Granted with condition to deposit fine of Rs.60,000 - Fine can be imposed only by way of punishment - Unless a guilt is proved and accused is convicted, no punishment can be imposed and fine which is in fact a sentence cannot be awarded - Since imposition of fine can only be imposed after conclusion of trial that too..........
Civil Procedure Code, 1908, Section 66(1) -- Repealed by Benami Transactions (Prohibition) Act, 1988 - Auction sale - Challenge as to - Suit property was put on auction sale because of a mortgage created by original owner who was heavily indebted - There was no challenge to Court auction sale by original owner in his life time - Trial Court held that auction sale is valid..........
Civil Procedure Code, 1908, Order 21, Rule 90, Limitation Act, 1963, Section 5, 14 -- Recovery of amount due - Condonation of delay - Court receiver was permitted to sell property - Application U.O.21.R.90 CPC set aside - S.5 of Limitation Act which deals with extension of time or condonation of delay is not applicable to proceedings U.O.21.R.90 CPC - Therefore, delay, if..........
