Civil Procedure Code, 1908, Order 21, Rule 94 -- Auction sale - Sale certificate - When sale was confirmed and sale certificate was issued after overruling objections raised by JDs, High Court ought not to have thereafter set aside order overruling objections raised by JDs - Order of High Court set aside...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plea of plaintiff that plaint discloses triable issued as such plaint should not be rejected at the initial stage - Entire base of filing of suit is pre-emption agreement executed by Power of Attorney holder - To confer a right and to bind the owner, there has to be a valid Power of Attorney - In the..........
Criminal Procedure Code, 1973, Section 389 -- Stay of conviction - Due to conviction appointment on compassionate ground refused - Once consequences of conviction are made known to Court, Court is entitled to stay conviction order - Conviction stayed till pendency of appeal against conviction...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Appeal against acquittal - Conviction by High Court - No ground to interfere with the impugned judgment as when signatures are admitted trial Court ought to have presumed that cheque was issued as consideration for a legally enforceable debt but in the instant..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Appeal against acquittal - Conviction by High Court - No ground to interfere with the impugned judgment as when signatures are admitted trial Court ought to have presumed that cheque was issued as consideration for a legally enforceable debt but in the instant..........
Criminal Procedure Code, 1973, Section 110, 111, 116 -- Bond for good behaviour - Order passed u/s 111 Cr.P.C, did not say anything about amount of bond to be executed and nature of number, character and class of sureties that were required to be furnished - This is a clear violation of S.111 Cr.P.C - Moreover, no cogent reasons were recorded in writing as envisaged in..........
Criminal Procedure Code, 1973, Section 216(1) -- Addition of charge u/s 202 IPC - Trial Court while adding charge has not indicated with certainty as to what material is on record which prima face shows that accused have committed offence u/s 202 IPC - Keeping accused in dark of those materials would cause serious prejudice to them - Order of addition of charge u/s 202 IPC..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle involved in NDPS case - Petitioner is registered owner of vehicle in question, which has not been claimed by any other person - Although no contraband was recovered from car, still vehicle seized under provisions of NDPS Act can be released in favour of registered owner provided no order of..........
Civil Procedure Code, 1908, Section 80(2) -- Suit against government without issuing notice - Interim relief - Can only be granted when leave to institute suit against Government without notice is granted and then only interim relief can be granted after hearing the State - In the instant case interim relief granted when leave had been refused - Prior to grant of leave,..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Discharge - Dowry death - Allegation against sister-in-law and brother-in-law - Prima facie case against accused is made out as per complaint, summoning order and also other material on record - It cannot be said that no case is made out..........
