Criminal Procedure Code, 1973, Section 437, 439 -- Bail - Pre-condition of furnishing bank guarantee - Not sustainable - Set aside...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court fee - Plaintiff directed to pay ad valorem Court fee as per market value of property without specifying as to how the market value is to be calculated and by whom - Trial Court should first determine market value of suit property by allowing parties to place on record documentary evidence in that..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Dismissal of application for bail at the time when investigation was pending - Order of discharge set aside by High Court - Accused not indulged in any unlawful activity when he was a free man during this period - Bail granted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 120B, 124A, 153, 153A, 153B, Unlawful Activities (Prevention) Act, 1967, Section 18, 39 -- Bail - Offence u/ss 120-B, 124-A, 153, 153-A, 153-B IPC and Ss.18, 39 of UAPA - Accused has suffered incarceration for about 567 days - Order of discharge set aside by High Court - Nothing brought on record..........
Civil Procedure Code, 1908, Section 47, Indian Contract Act, 1872, Section 128 -- Execution - Objection by Surety - JD/surety who suffered a joint and several decree cannot stop execution of decree against him until creditor has exhausted his remedy against principal debtor or other JDs - She does not have a right to dictates terms to DH as how he should pursue his..........
Allotment of plot -- Discretionary quota - Residential plot is merely approved in favour of social worker - Identified plot is yet to be allotted to her - Allotment of an identified plot did not crystallize by date 2003 Full Bench Judgment (Dr Amar Singh case) whereby allotment of residential plots under discretionary quota was held to be vague and arbitrary and directing..........
Prevention of Food Adulteration Act, 1954, Section 19(2) -- Sample of pan masala - Protection available to vendor - Vendor sold the packed item after purchasing the same from manufacturer having a written warranty as prescribed under the Act and Rules - He had protection available u/s 19(2) of the Act - Nothing was pointed out to show that manufacturer, distributor or..........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Rape - Accused by way of additional evidence summoned Deputy Commissioner of police on the ground that he had purportedly recorded video of crime scene in his mobile phone - However, when prosecution states that police team had visited scene of crime, plea to examine Deputy Commissioner..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 313 -- Dishonour of cheque - Non-compliance of S.313 Cr.P.C - Answers given by accused to questions which were asked to him by Court have not been recorded properly - Out of six, the answers given by accused of four questions are not legible - There is non-compliance of mandatory..........
Civil Procedure Code, 1908, Order 7, Rule 11, Court Fees Act, 1870, Section 7 -- Rejection of plaint - Court fee - Main relief sought for declaration of possession and permanent injunction - Alternative prayer for recovery of money - In case alternative relief is to be granted then as a condition precedent plaintiff has to be given an opportunity to affix ad valorem Court..........
