Criminal Procedure Code, 1973, Section 340 -- Forged document - Petition u/s 340 before District Judge - Pendency of first appeal - First appeal at the instance of respondent/defendant was pending in High Court when petition u/s 340 of the Code was filed before District Judge - Maintainability of - Held, since the proceedings in first appeal is continuation of original..........
Consumer Protection Act, 1986, Section 2(1),(b),2(1),(g), Sick Industrial Companies (Special Provisions) Act, 1985, Section 22(1) -- Fixed deposit - Company became sick - Plea that complaint not maintainable as the proceedings qua the respondent are pending repelled - Held that suit for recovery of money in respect of any loan or advance granted to the industrial company..........
Criminal Procedure Code, 1973, Section 145 -- Jurisdiction of Executive Authorities to adjudicate dispute as to possession during pendency of civil suit - Suit for declaration of being owner in possession pending in Civil Court ` Proceedings before SDM u/s 145 Cr. PC during pendency of civil suit - SDM holding a particular party to be in possession of land. Held -..........
Agreement to sell -- Advance taken through cheques - Further amount of advance also taken - Property sold to someone else and misappropriation of amount of advance - Civil suit for permanent injunction pending - FIR u/ss 120-B, 406 & 420 IPC - Petition for quashing of FIR - Held, quashing of criminal proceedings should be exercised very sparingly and with circumspection..........
Criminal Procedure Code, 1973, Section 145, 146 -- Dispute over a piece of land - Civil suit pending between parties in respect of same property - Proceedings under S.145 Cr.P.C. not maintainable...........
Punjab Land Revenue Act, 1887, Section 111, 116 -- Partition - Objection that the suit regarding ownership of land pending in the Civil Court - Question of title determind and decided by the Civil Courts, attained finality - Partition proceedings to contiune...........
Punjab Custom (Power to Contest) Act, 1920 -- Suit for declaration filed under the Act - Sale by father challenged on the ground that the parties are governed by custom - Vendor has no right to sell ancestral property without consideration and legal necessity - Amendment Act of 1973 taking away the right to challenge under the customs - Amendment retrospective, applicable..........
Civil Procedure Code, 1908, Section 10 -- Stay of suit - Earlier suit cannot be stayed - Jurisdiction of Courts in two proceedings are different and exclusive and one Court cannot stay proceedings pending decision of other...........
Criminal Procedure Code, 1973, Section 133 -- Proceedings u/s 133 Cr.P.C. cannot be dropped merely for the reason that some civil suit is pending wherein no specific order is passed - If nuisance is existing and urgent relief is required then provision of S.133 Cr.P.C. comes into play - If the nuisance is such that there is urgent need of removal of nuisance or obstruction..........
Civil Procedure Code, 1908, Section 152 -- Decree amendment jurisdiction of - Partition suit - Went upto Supreme Court - Wrong description of property - Proceedings for final decree pending before lower court - Lower court competent to order amendment of decree...........
