Criminal Procedure Code, 1973, Section 340 -- False statement - If false statement affects the very nature of order passed by Court, then that can be one of circumstance where proceedings u/s 340 Cr.P.C. can be initiated...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Order/judgment cannot be corrected merely because it is erroneous in law or on the ground that a different view could have been taken by Court on the point of fact or law...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Disobedience of decree - Executing Court before passing an order U.O.21.R.32 CPC, is required to record a finding that JD has wilfully disobeyed decree and in the absence of said material, Executing Court is left with no choice but to dismiss execution petition ...........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 468 -- Application u/s 12 of PWDV Act - Applicability of S.468 Cr.P.C - There is no offence committed in terms of provisions of the Act by the time application is preferred u/s 12 of PWDV Act - S.468 Cr.P.C not applicable to application u/s 12 of PWDV Act, as starting..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint and summoning order - All issues involves disputed question of facts and law and cannot be decided unless and until parties go to trial and lead their respective evidence - Though invariably initial phase of a litigation u/s 138 of the..........
Criminal Procedure Code, 1973, Section 146(1) -- Order of attachment u/s 146(1) Cr.P.C - Cannot be passed merely on apprehension of a breach of peace - Magistrate, before passing an order u/s 146 Cr.P.C, must explain the circumstances why he thinks it to be a case of emergency and further observed that there must be a material on record before Magistrate when submission of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Co-sharer - Plaintiffs able to demonstrate their possession - Defendants cannot be permitted to claim denial of right to the co-sharer to enter into land especially when such co-sharer is already in possession of land to the extent of his share - Order of Appellate Court granting ad interim..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of execution of sentence during pendency of appeal - When disposal of appeal is likely to take time, accused may be ordered to be released on bail - There are compelling reasons for suspension of execution of sentence during pendency of appeal - There does not appear any other adverse reason to deny relief to accused..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Quashing of order - Order sending victim to Nari Niketan - Kidnapping and rape - It is not clear that victim was sent to Nari Niketan on her wishes and it is also not clear that any application was moved by..........
Family Courts Act, 1984, Section 19, Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Appeal - Order rejecting application U.O.9.R.13 CPC - Defendant has option either to challenge ex parte decree by way of first appeal or by way of Misc. appeal against order of rejection of application U.O.9.R.13 CPC - Appeal u/s 19 of Family Courts Act is maintainable against..........
