Civil Procedure Code, 1908, Section 89 -- Failure to invoke Section 89 of the Code suo moto after completion of pleadings and considering it only after an application u/s 89 is filed is erroneous - Civil Court exercising power u/s 89 of the Code cannot refer a suit to arbitration unless all the parties to the suit agree for such reference...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Contents of FIR and the statements of witnesses recorded under Section 161 of the Code discloses prima facie case against the petitioners - Dispute involves factual question which cannot be decided by this court - Dispute can be decided only after adducing evidence - Held, no ground made for quashing FIR when..........
Indian Medical Council Act, 1956, Section 15(3), Criminal Procedure Code, 1973, Section 464, Indian Penal Code, 1860, Section 304A -- Medical negligence - Accused practicing allopathic system of medicine though possessed licence issued by Bihar State Ayurvedic and Yunani Medicine Council - Death of a person to whom accused gave injections and tablets - Samples of..........
Criminal Procedure Code, 1973, Section 432, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 32A -- Remission - Conviction under NDPS Act - Accused sentenced to 10 years RI - Accused seeking pre-mature release on the basis of order of remission passed by Governor of state under Section 432 of CrPC - Under Section 32-A of NDPS Act, no sentence can be suspended,..........
Criminal Procedure Code, 1973, Section 22 -- Dishonour of cheque - Joint trial - Thirteen cheques issued by the petitioner on different dates - All the cheques presented by respondent with bank on different dates - Cheques dishonoured on different dates - Information in respect to dishonour received on different dates - Legal notices issued in respect of dishonour of each..........
Criminal Procedure Code, 1973, Section 31 -- Dishonour of cheque - Limit of punishment for offence consisting of several distinct offences - 13 cheques dishonoured - Each cheque issued relates to distinct and separate purchase transactions - Held, Section 71 of IPC not applicable - Each purchase transaction being separate and complete in itself, cannot be said to be parts..........
Criminal Procedure Code, 1973, Section 95(1) -- Forfeiture of a publication - Declaration of forfeiture postulates compliance with twin essential conditions, viz. (i) the Government must form the opinion to the effect that such newspaper, book or document contains any matter, the publication of which is punishable u/ss 124-A or Section 153-A or Section 153-B or Section 292..........
Criminal Procedure Code, 1973, Section 96 -- Forfeiture of a publication - Any person having any interest in any newspaper, book or other document, in respect of which a declaration of forfeiture is made u/s 95 of the Code can move the High Court for setting aside the declaration on the ground that it does not contain any such matter as is referred to in sub-section (1) of..........
Civil Procedure Code, 1908, Order 22, Rule 9, Limitation Act, 1963, Section 5 -- L.R's - Impleading of L.R's - Non impleadment - Abatement - Setting aside abatement - S.5 Limitation Act applies to an application filed U.O.22.R.9 CPC - An application for setting aside abatement has to be treated at par and the principles enunciated for condonation of delay under Section 5..........
Civil Procedure Code, 1908, Section 35, 35A, 35B, 89 -- Costs - Lack of appropriate provisions relating to costs has resulted in a steady increase in malicious, vexatious, false, frivolous and speculative suits, apart from rendering Section 89 of the Code ineffective - There is urgent need of suitable amendment of these provisions...........
