Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - High Court while granting bail to accused overlooked several aspects, such as potential threat to witnesses, forcing trial Court to grant protection - Order of High Court granting bail to accused set aside...........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree for possession - After passing of decree J.D. purchased shares from other co-sharers - Share of J.D./joint owner not specified on a particular portion of land in question - Objection by J.D. that decree cannot be executed till land is partitioned between joint owners - Court instead of issuing warrant of actual..........
Criminal Procedure Code, 1973, Section 439, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A, Protection of Children from Sexual Offences Act, 2012, Section 28, 31 -- Order rejecting bail - Offences under SC/ST Act and under POCSO Act - Case involving trial of accused for offences under both SC/ST Act and POCSO Act shall be conducted..........
Delhi Rent Act, 1995, Section 25B, 38, Civil Procedure Code, 1908, Order 9, Rule 13 -- Eviction petition - Ex parte decree - Appeal against - Maintainability - In eviction petition to which procedure prescribed u/s 25B of the Act applies, an appeal u/s 38 of the Act is not maintainable against an order dismissing an application U.0.9.R.13 CPC/S.25B(9) of the Act - Only..........
Criminal Procedure Code, 1973, Section 406 -- Transfer of case - Medical ground - Petitioner sought transfer of two criminal cases from West Bengal to New Delhi - However, after examination of 32 witnesses, it will not be in the interest of justice to order transfer - Co-accused in first case cannot ask to travel Delhi and expect to defend case effectively - Transfer..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Grant of - Murder of 5 persons - Duty to record reasons is significant safeguard which ensures that discretion which is entrusted to Court is exercised in a judicious manner - Succession of orders of granting of bail by recording that `respective parties do not press for further reasoned order' without recording any..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Status quo order - Suit for recovery of arrears of rent - Rent so claimed is quantified and measured and in the event plaintiff succeeds in the suit, he can be compensated appropriately thereof for use and occupation of premises by defendant - Plaintiff could not suffer an irreparable loss and injury..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, Civil Procedure Code, 1908, Order 7, Rule 11 -- Eviction petition - Rejection of eviction petition - Admittedly, present eviction petition was filed in the year 2014 and property was brought within limits of Municipal Corporation, vide notification 2010 which was prior to filing of present eviction..........
Criminal Procedure Code, 1973, Section 389(2) -- Suspension of conviction - Appellate Court has power to suspend sentence and conviction - Order granting stay of conviction is not rule but an exception to be resorted in rarest of rare cases, depending upon facts of the case...........
Civil Procedure Code, 1908, Order 21, Rule 30, 37 -- Execution - Money decree - Simultaneous execution for arrest of JD and also for attaching his salary - Earlier E.P for attaching salary of JD was dismissed for default - Subject E.P was filed for arrest of JD - JD is a Teacher and drawing salary of Rs.16,000 and he did not pay any amount after dismissal of earlier E.P -..........
