Civil Procedure Code, 1908, Section 39 -- Transfer of execution proceedings - Executing Court suo moto transferred the execution proceedings from one State to another State - However, neither JD has any right to file such an application nor executing Court is vested with any such power to transfer proceedings on its own motion to another State in view of S.39 CPC - Such..........
Criminal Procedure Code, 1973, Section 389(1) -- Suspension of conviction - In exceptional circumstances, appellate court has power to suspend the order of conviction passed against an accused...........
Criminal Procedure Code, 1973, Section 389(1), Prevention of Corruption Act, 1988, Section 8, Indian Penal Code, 1860, Section 120B -- Suspension conviction - When conviction is on corruption charge against a public servant, appellate Court or revisional Court should not suspend order of conviction during pendency of appeal even if sentence of imprisonment is suspended -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 379, 409, 420, 447, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Mines and Minerals (Regulation and Development) Act, 1957, Section 21, 23, 4(1), 4(1)(A) -- Quashing of FIR - Offence u/ss 379, 409, 420, 447, 120-B IPC, Ss.13(2), 13(1)(d) of 1988 Act and Ss.21, 23, 4(1),..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 419, 418, 405, 467, 468, 471, 474, 120B, 34 -- Anticipatory bail - Cheating - Fraudulent misappropriation of funds - Serious allegations against accused of fraudulent misappropriation of amounts intended to be paid by company to farmers affected by work of road widening being undertaken by..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte temporary injunction - Plaintiffs and defendants are staying in the same property - Defendants have illegally entered first floor of property - Moreover, defendant no.1 is trying to sell off property - Defendants also compelling plaintiffs to vacate suit property - If property were sold by defendants to third..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising construction - Co-sharer - Suit land is un-partitioned as on date - If a co-sharer is in physical possession of a part of joint land and possession is admitted by other co-sharer, he cannot be restrained from raising construction thereupon - Said construction shall..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Defendant was not residing at given address where summons were served - However, nowhere in application it has been averred that defendant had shifted to which place - Application was supported by affidavit of defendant showing same address as in summon - No sufficient cause has been shown by..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302 -- Bail during pendency of appeal - Cancellation of - Accused was involved in an offence u/s 302 IPC during period when his sentence was suspended - Despite the order u/s 319 Cr.P.C, accused evaded his arrest in contravention of warrant of arrest which was issued by ASJ - Criminal antecedents..........
Criminal Procedure Code, 1973, Section 482 -- Quash petition - High Court can grant interim protection order in exceptional cases with caution and circumspection giving brief reasons...........
