Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of ownership on basis of gift deed - Origin of gift deed was disputed by executant during her lifetime - Lower Courts thus, were right in weighing evidence of gift deed on the touchstone of its validity first rather than its form and content - Plea as to invalidity of gift deed is not to be..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406, 420, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of proceedings - Cruelty - Dowry demand - Specific allegations made in FIR in regard to demand for dowry - High Court committed error in quashing the proceedings - Order of High Court quashing proceedings set aside...........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 25, 27(a), 29 -- Anticipatory bail - Offence u/ss 25, 27(a), 29 NDPS Act - Admittedly, petitioner presently is a sitting MLA - Assembly election has been declared in State of Punjab, one week may be afforded to petitioner to avail his remedy and in meanwhile, he be..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323 -- Quashing of order - Order to state substance of accusation u/s 323 IPC to accused - Offence u/s 323 IPC is not a warrant case - There was no need to frame formal charge against accused - As per provisions of S.251 Cr.P.C, only substance of accusation is to be stated to accused - Trial Court..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Order to file written statement without deciding application for rejection of plaint set aside as for deciding such an application averments in plaint are germane and pleas taken by defendant in the written statement are wholly irrelevant - Impugned order set aside...........
Criminal Procedure Code, 1973, Section 439 -- Bail - It is not necessary for Court to give elaborate reasons while granting bail particularly when case is at initial stage and allegations of offences by accused may not have been crystallized as such an order de hors any reasoning whatsoever cannot result in grant of bail...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 324, 147, 148, 452, 504, 506, 34 -- Bail - Murder - Accused was attacked with deadly weapons such as swords and knives - Offences alleged against accused are of grave and heinous nature inasmuch as there was death of complainant's son and serious injuries caused to her son and another..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 304A, 114, 120B, Motor Vehicles Act, 1988, Section 177, 184, 134 -- Bail - Murder of wife by husband - Accused hatched a criminal conspiracy with co-accused to kill his wife and tried to make out an accidental case for monetary benefits - High Court while releasing accused on bail has not at..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Title suit - Appellate Court was of view that documentary evidence with respect to partition was necessary for just disposal of case - Neither of parties have brought documentary evidence with respect to partition in family property - There was thus, no occasion for appellate Court to have remanded the case for a..........
Criminal Procedure Code, 1973, Section 70 -- Issuance of arrest warrants, at first instance instead of issuing summons or bailable warrant - Impugned order set aside - Petitioner directed to appear before trial Court and move regular bail application...........
