Indian Penal Code, 1860, Section 225B -- Escape from custody - Judgment debtor - Process server informed judgment debtor about the warrant and demanded to pay the decree debt mentioned in the warrant but he did not pay the amount - Process server arrested him - Thereafter judgment debtor/accused informed that he was not ready to accompany process server to the Court and..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar by limitation - Suit for declaration and permanent injunction - Cause of action for instituting suit first arose in the years 1993-94 - Period of three years reckoned therefrom would expired in the year 1996-97 - Moreover, suit is an ingenuous attempt on part of plaintiff to throw cloud on the..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Successive bail applications - Maintainability - Second application for anticipatory bail is not barred - However, successive bail applications without showing any change in the fact situation or circumstance requiring invocation of extraordinary jurisdiction of High Court or Court of Sessions u/s 438..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 29, 21, 23 -- Recovery of heroin - Discrepancies regarding quantum of heroin - Since the entire search and seizure process was conducted without giving any option as required u/s 50 of Act, search and seizure proceedings are illegal and no reliance can be placed on the disclosure statements of accused regarding..........
Criminal Procedure Code, 1973, Section 204(4) -- Dismissal of complaint - Court has discretion to dismiss complaint if process-fees or other fees payable are not paid within a reasonable time...........
Criminal Procedure Code, 1973, Section 87(b) -- There is implied bar in calling upon complainant to pay process fees or other fees to issue process u/s 87(b) Cr.P.C...........
Criminal Procedure Code, 1973, Section 204(4), 82, 83 -- Complaint case - Process-fee - There is no provision analogous to S.204(5) Cr.P.C. exempting Ss.82, 83 Cr.P.C. from process-fee - Consequently Court has discretion to dismiss complaint u/s 204(4) Cr.P.C. for no, payment of process-fee to issue steps u/ss 82, 83 Cr.P.C...........
Criminal Procedure Code, 1973, Section 204(1)(b), 87(b) -- Complaint case - Legislature never intended to dismiss complaint for no, payment of process-fees after service of summons on accused or after his appearance before Court or after his production before Court...........
Civil Procedure Code, 1908, Order 22, Rule 3, 9 -- Death of plaintiff - Substitution of L.R's - Condonation of delay - Application filed by daughter/respondent after 11 years of death of her father/plaintiff - However, period of limitation for moving such application is 90 days u/art 120 of Limitation Act - More so, respondent had full knowledge of death of her father and..........
Online Tenders to bids -- Preliminary agreement - Insufficient stamp duty - Preliminary agreement required to be reduced in a stamp paper because of levy payable under Stamp Act or under the relevant Government order - Merely because a person has executed the agreement in an insufficient stamp paper, would not vitiate the tender process in respect of bid offered by that..........
