Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Constitutional validity of Section 306 upheld...........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 28 -- Petition for restitution of conjugal rights - Exparte order passed - Application to set aside exparte order - Application is maintainable - Section 28 of Hindu Marriage Act providing for an appeal is not a bar to file such an application...........
Consumer Protection Act, 1986, Section 2(d) -- Consumer - Advocate - Case of the complainant who is an Advocate is that his fee was not paid by the opposite party who had engaged him for conducting a case under section 125 Cr.P.C. - An advocate who is engaged to render services to conduct a case in a Court cannot be held to be consumer as defined under Section 2(d) of the..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Sham transaction alleged - Title deed in possession of purchaser - Endorsement by Sub-Registrar as to passing of consideration - Presumption under Section 58(1)(c) of Registration Act arising - Reasons stated as to sale deed a sham transaction not convincing - Reason for making sham deed being of fraudulent nature -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff not party to proceedings u/s 145 Cr.P.C. but dispossessed by reason of order under that Section - Order in said proceeding not binding on plaintiff - Plaintiff can espouse and establish his cause in suit despite order u/s 145 Cr.P.C. - Injunction can be granted when suit property is..........
Indian Penal Code, 1860, Section 406, 420, 467, Criminal Procedure Code, 1973, Section 482 -- Complainant on study leave - Accused withdrew his salary and DA - Offence of cheating, breach of trust and forgery - Cognizance taken - High Court proceeded to consider the version of the accused as given out in their petition filed under Section 482 - Held, this course is wholly..........
Criminal Procedure Code, 1973, Section 482 -- Insecticide Act, 1968, Section 29 - Sanction - Offence by company - Prosecution of office bearers - Unless the Company was impleaded as an accused, the question of liability of the office bearers of the Company responsible for the production of the commodity in question, would not arise - Such office bearers are in a position..........
Criminal Procedure Code, 1973, Section 482 -- Inherent Powers - Alternate remedy - Petition for quashing complaint and summoning order - Alternative efficacious remedy is available to the petitioners before the Judicial Magistrate - High reluctant to exercise its inherent powers under Section 482 of the Code...........
Civil Procedure Code, 1908, Section 148A(1), Order 39, Rule 1, 2, 3 -- Party lodging caveat under Section 148-A(1) - Court to serve notice of application for injunction to caveator - Court has no jurisdiction to grant ex parte injunction order unless conditions prescribed therein are complied with - In view of provisions of O.39.R.3 and Section 148-A which make a mandatory..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Partner - Whether ceased to be a partner - Held, it is not the relevant question which can be gone into in the proceedings under Section 482 of the Code...........
