Criminal Procedure Code, 1973, Section 439, 389 -- Bail - Grant of - Appellant was charged with committing an offence punishable under Section 302 IPC on 08.08.2003 - Trial Court has returned a conviction on the basis of Statement as well as recoveries made more than two months after incident - Appellant used to reside in Place `G' where he was arrested from - State..........
Criminal Procedure Code, 1973, Section 173(2), 173(8) -- Police report - Cognizance - When a police report is forwarded to Magistrate either under sub section (2) or under sub section (8) of S.173 Cr.P.C. it is for the Magistrate to apply his mind to the police report and take a view whether to take cognizance of an offence or not to take cognizance of offence against an..........
Criminal Procedure Code, 1973, Section 167(2)(a)(ii) -- Default bail - Petitioner filed petition for grant of default bail on 26.11.2010 at about 11 A.M. and a report was called for from general register section of Court - Section reported submission of charge-sheet at about 2 P.M. on same day - Held, petitioner could not be released on bail u/s 167(2) (a) (i) CrPC inspite..........
Civil Procedure Code, 1908, Section 34 -- Hire purchase agreement - Pendente lite interest - Grant thereof - A simple suit of recovery of money from a commercial concern - Held, having regard to the fact that it was a commercial transaction, case falls within first proviso to Section 34 of the Code of Civil Procedure - Interest by Court can be granted at the rate more than..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), Civil Procedure Code, 1908, Section 34 -- Compensation - Interest - No revision preferred by the appellant against the order of State Commission whereby the amount of Rs. 2,72,517/ - was awarded to him - Hence appellant cannot be awarded enhanced compensation beyond what has been pegged down by the State Commission..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning of - Duty of Court - Held, it is a well settled proposition of law that an order under Section 319 Cr.P.C should not be passed unless Court comes to the reasonable conclusion on the basis of evidence before it that the same is likely to lead to conviction...........
M.P.Vinirdishta Bhrashta Acharan Nivaran Adhiniyam, 1982, Section 39,6,43, Criminal Procedure Code, 1973, Section 193 -- Cognizance of offence under Section 6 - Appellants convicted for minor offence - Cognizance of offence cannot be taken under Section 6 of Adhiniyam unless case is committed by Magistrate - Held, conviction improper as Special Judge took cognizance..........
Civil Procedure Code, 1908, Section 47 -- Representative - It is much wider in sense than the expression `legal representative' as contained in Section 2(11) read with Section 50 CPC or an `assignee' referred to in O.22.R.10 CPC...........
Civil Procedure Code, 1908, Section 47, Transfer of Property Act, 1882, Section 52 -- Execution - Objections - A subsequent purchaser of the suit property from the judgment debtor would certainly be a `representative' of the said judgment debtor for the purposes of execution of the decree and would be covered by Section 47 CPC...........
Criminal Procedure Code, 1973, Section 156(1) -- S.156(1) Cr.P.C. authorizes the police to investigate into a cognizable offence without requiring any sanction from a judicial authority - However, sub-section (3) of S.156 of the Code provides that any Magistrate empowered under S.190 may order such an investigation mentioned in sub-section (1) of the said Section...........
