Criminal Procedure Code, 1973, Section 82, 83, 299 -- Absconder - Court has to be satisfied that accused had left his permanent residence or that he is avoiding service or there is no chance of arrest in near future - Magistrate has to record statements of witnesses produced by the prosecution so they can be read in evidence in the contingency shown in the provision of..........
Representation of the Peoples Act, 1951, Section 33, 82, 79(b), Conduct of Election Rules, 1961 -- Election petition - Necessary parties - Non joining of a `substitute candidate' - Nomination paper submitted by the `main approved candidate' of a recognized political party - Nomination paper of a `substitute candidate' of same political party liable to be rejected if..........
Representation of the Peoples Act, 1951, Section 79(b), 82 -- Defective nomination paper of a person - Cannot be said to be a candidate - No locus standi to challenge election or necessary party in a election petition. Case law discussed...........
Criminal Procedure Code, 1973, Section 82 -- Proclamation for appearance before Court - Summons issued - When summons returned unserved Court did not issue any warrant to arrest accused through concerned police - Order issuing proclamation, improper - Proclamation could only be issued after warrant is returned...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 82, 83 -- Complainant failed to take steps u/ss 82 & 83 Cr.P.C. - Accused cannot be acquitted - However, complaint can be dismissed u/s 204 Cr.P.C...........
Representation of the Peoples Act, 1951, Section 86(1), 81, 82, 117 -- Election petition - On ground of commission of corrupt practices - Dismissal in limine on ground that election petition lack in material facts and do not disclose cause of action - Held that deficiency in particulars could not have been a ground for dismissing the petition at the threshold - It is only..........
Civil Procedure Code, 1908, Section 100, Order 6, Rule 1, Succession Act, 1925, Section 74, 82 -- Pleadings - Court not to go beyond pleadings - Challenge as to genuineness of Will - Identity and description of subject matter - Not pleaded - Issue also net framed - Finding of first appellate Court that legatees were not entitled to claim ownership over property after..........
Criminal Procedure Code, 1973, Section 374(2), 82 -- Conviction - Appeal against - During pendency of appeal temporary release on bail on ground of mother's illness - Accused failing to surrender and absconding - His appeal is liable to be dismissed...........
Punjab Co-operative Societies Act, 1961, Section 55, 82, Rajasthan Co-operative Societies Act, 1965, Section 75, 137 -- Bar of jurisdiction of Civil Court to try suit - Plaintiff purchased plot allotted to his vendor by Co-operative Society - Suit filed for declaration of title, restoration of possession and injunction against encroacher-defendant - Neither plaintiff nor..........
Punjab Tenancy Act, 1887, Section 82, Civil Procedure Code, 1908, Order 47, Rule 1 -- Review on the basis of report called for after passing of order - Correction carried out on its basis while reviewing earlier order - Upheld...........
