Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Object of - Held, one of the main objects of recording of a statement under this provision of Cr.P.C. is to give an opportunity to accused to explain circumstances appearing against him as well as to put forward his defence, if accused so desires - But once he does not avail this opportunity, then..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Object of - Held, one of the main objects of recording of a statement under this provision of Cr.P.C. is to give an opportunity to accused to explain circumstances appearing against him as well as to put forward his defence, if accused so desires - But once he does not avail this opportunity, then..........
Interpretation of Statutes -- Held, it is well settled principle of interpretation of statute that the words of an enactment are to be given their ordinary, popular and natural meaning, if such meaning is clear and unambiguous - The effect should be given to a provision of a statute in the same manner whatever may be the consequences - The basis of this principle is that..........
Mines and Minerals (Regulation and Development) Act, 1957, Section 15 -- Extraction of minor mineral boulder, gravel and sand quarries - Implementation of recommendations of MoEF or guidelines issued by Ministry of Mines before issuing auction notices granting short term permits by way of auction of minor mineral boulders, gravel, sand etc., in the river beds and elsewhere..........
Malicious Prosecution -- Damages - Merely lodging of an FIR or setting the machinery of law into motion on valid apprehension would not give cause of action to the plaintiff to prosecute the defendants on the ground of malicious prosecution...........
Will -- Suspicious circumstances - Father giving his agricultural land to his married daughters - Plaintiff could not show such strong liking for him by his deceased brother that his deceased brother could decide not to give the land to his daughters but to him - Plaintiff also could not show that he took any special care of his deceased brother - Held, plaintiff could..........
Wild Life (Protection) Act, 1972, Section 36A, Constitution of India, 1950, Article 48A -- Extinction of wild buffalo - Preparation of rescue plan - Petition for - Held, direction issued to the State of Chhattisgarh to give effect to fully centrally sponsored scheme "the Integrated Development of Wildlife Habitats" so as to save wild buffalo from extinction - State also..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - According to defendant/appellant, plaintiff himself was licencee hence he could not give the shop on licence to defendant - In actual there is no such restriction - Held, in any case even if there was such prohibition defendant could not get any right therefrom - Only Nagar Nigam which granted the shop on lease to..........
Civil Procedure Code, 1908, Order 22, Rule 10A -- Abatement of appeal - Death of a party - Duty of pleader to inform Court - Held, U.O.22.R.10-A CPC, duty is cast on pleader appearing for a party when he comes to know of death of that party to inform court about it whereupon court shall give notice of such death to other party...........
Criminal Procedure Code, 1973, Section 482 -- Inherent powers - When can be exercised? - Held, inherent power u/s 482, Cr.P.C. can be exercised - (i) to give effect to any order under the Code, or (ii) to prevent abuse of process of any court, or (iii) to otherwise secure ends of justice - Words "any order under this Code" occurring in S.482, Cr.P.C. are unambiguous and..........
