Civil Procedure Code, 1908, Order 6, Rule 1, 15(4) -- Affidavit in support of pleadings - Duly verified written statement without accompanying an affidavit, as required U.O.6.R.15(4) does not mean that it is incomplete...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for declaration of title and confirmation of possession - Suit property sold to vendors of plaintiffs during pendency of suit, which was hit by lis pendens - Plaintiffs purchased the same when their vendors had no title over land and their possession is through mortgagee - Application rightly..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Where third party shows fair semblance of title or interest in suit property, he can be impleaded in the suit, as fate of suit would directly affect right of third party - Application allowed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit land is jointly owned and possessed by parties and other co-sharers - Averments made by defendant with regard to construction by all co-sharers in terms of family arrangement as well as existence of old structure have not been specifically denied by plaintiffs - Plaintiffs failed to approach..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 380, 457, 109, 166, 166A, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d)(iii), 13(2) -- Quashing of proceedings - Offence u/ss 380, 457, 109, 166, 166-A, 120-B IPC and Ss. 13(1)(d)(iii), 13(2) of P. C. Act - Complicity of all accused in the occurrence is stated by LW1 to LW5 - Recovery..........
Criminal Procedure Code, 1973, Section 389(1), Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - First appellate Court by allowing application u/s 389(1) Cr.P.C. suspended sentence and directed to deposit 25% of fine amount - As per S.148 of the Act minimum 20% of the amount to be deposited by petitioners - Amount of fine reduced to 20% from 25% -..........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r) -- Anticipatory bail - Offence u/s 3(1)(r) of SC/ST Act - Very words used and by what means same have demeaned community or officer in eyes of public at large, not elicited in allegations - Applicability of S.3 of SC/ST Act is a debatable..........
Civil Procedure Code, 1908, Order 14, Rule 1, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Jurisdiction of Civil Court - Such issue is required to be decided first and thereafter application for temporary injunction be adjudicated...........
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(e) -- Death of accused during trial - Criminal prosecution against accused stands abated...........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), 18, 18A, Indian Penal Code, 1860, Section 307, 354B, 323, 324, 504, 149, 143, 147, 148 -- Anticipatory bail - Offence u/ss 3(1)(r), 3(1)(s) of SC/ST Act and Ss.307, 354-B, 323, 324, 504, 149, 143, 147, 148 IPC - No specific abuse..........
