Prevention of Money Laundering Act, 2002, Section 3, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 3 of PML Act - Quashing of proceedings - Person by handing over money with intent of giving bribe, will be assisting or will knowingly be a party to an activity connected with the proceeds of crime in view of S.3 of PML Act - Role played by such person thus, would..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - After dismissal of suit - Amendment sought that boundaries of suit property could not be explained properly due to oversight - It is not pleaded that despite due diligence these facts were not mentioned in the plaint earlier or that same were not in his knowledge - It is a blatant attempt on the part of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Rejection of application on ground of lack of pecuniary jurisdiction - Court did not return the plaint and did not follow procedure prescribed U.O.7.Rr.10, 10-A CPC - Impugned order set aside - Application U.O.39.Rr.1,2 CPC allowed - Matter remanded to trial Court to comply with requirements of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 354A(1)(i), (ii), (iv), 354A(2), 354A(3), Protection of Children from Sexual Offences Act, 2012, Section 7, 8, 9, 11 -- Anticipatory bail - Offence u/ss 354-A(1)(i), (ii), (iv), 354-A(2), 354-A(3) IPC and Ss.7, 8, 9, 11 of POCSO Act - Victim girl is traumatized to such a high degree that her..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Injunction order sought to preserve property and protect the same from alienation - Rejection of application seeking such reliefs, held, not proper...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Dispute relating to registered will - Appellant and respondent No.3 were excluded and beneficiaries were respondents No.1 & 2 - Apprehension that defendants will alienate immovable properties covered under Will - Defendants were directed to maintain status quo of the property mentioned in the Will -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 29, 37, Criminal Procedure Code, 1973, Section 439 -- Recovery of 13 kg morphine - Bail - Large quantity of contraband was found in a car driven by co-accused - Statement of co-accused recorded u/s 67 of NDPS Act has also named his owner accused - In the face of S.37 of NDPS Act, High Court could not and..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1 -- Temporary injunction - Scope of appeal U.O.43.R.1 CPC - Order granting or refusing injunction is within sole discretion of Court of first instance and appellate Court should not interfere in discretion exercised by Court of first instance unless it is shown that discretion..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Order of maintenance passed by Court on an application filed by wife u/s 125(1) Cr.P.C cannot be taken as exception merely because husband is ready and willing to take her back...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Temporary injunction - Writ petition filed to seek police protection - Cannot be granted without approaching civil court granting the injunction order...........
