Practice and procedure -- Binding precedent - A judgment rendered by Court without reference to the provisions of Act or binding precedent is said to be per inquirium - Decision of Court in the case of Nathu Ram v. Chhotu Singh, 2012(4) Civil Court Cases 184 (P&H) relied upon by petitioner is per inquirium and cannot held to be a binding precedent...........
Agreement to sell -- Decree of specific performance - Execution of sale deed - Relief of possession cannot be granted, by Executing Court, in absence of possession specifically prayed for in the suit - Judgment in case Nathu Ram Vs Chhotu Singh, 2012(4) Civil Court Cases 184 (P&H) holding otherwise held not a binding precedent in view of Adcon Electronics Pvt. Ltd.'s..........
Criminal Procedure Code, 1973, Section 41 -- Arrest without warrant - For ensuring that police officer do not arrest accused unnecessarily and magistrate do not authorise detention casually and mechanically, Supreme Court issued the following directions: (a) All State Governments to instruct its police officers not to automatically arrest when a case u/s. 498-A IPC is..........
Indian Contract Act, 1872, Section 128 -- Surety - Liability of surety is co-extensive and immediate and D.H. need not wait to proceed against surety till he exhausts all his remedies against the principal borrower...........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 263 -- Dishonour of cheque - Summary trial - In summary trial, after accused is summoned, his plea is to be recorded u/s 263(g) Cr.P.C. and his examination, if any, can be done by Magistrate and a finding can be given by Court u/s 263(h) Cr.P.C. - Same procedure can be followed by..........
Transfer of Property Act, 1882, Section 106, 116 -- Tenant holding over - Eviction suit - Tenancy of month to month does not come to end by efflux of time and same comes to end only on expiration of notice to quit as per terms of S.111(h) of T.P.Act - In instant case, defendant being a tenant holding over was entitled to six months notice in terms of lease deed for..........
Indian Penal Code, 1860, Section 304(Part II), 323 -- Appellant - convicted for culpable homicide of his wife and assaulting her parents - Appeal - Both injured parents of deceased were eyewitness of occurrence and their presence on spot was natural - Only one single injury was found on skull of deceased - Appellant had come to take deceased with him when deceased was..........
Stamp Act, 1899, Section 33, 29, 48 -- Stamp purchased in the name of one `H' by mentioning wrong name of his father - Such document cannot be impounded or the document cannot be declared an instrument having no stamp duty or insufficient stamp duty only for the reason that description of purchaser in the stamp duty is not correctly stated or the purchaser of stamp duty is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Drugs and Cosmetics Act, 1940, Section 18 -- Manufactured drug - Dextropropoxyphene Hcl is a drug, which has been notified as a manufactured drug though with certain exception in terms of S.2(xi)(b) of NDPS Act and is also a drug in Schedule `H' of NDPS Rules - Contravention of these would be an offence u/s..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Accused acquitted - PW5 star witness admitted that out of four persons who entered into her house only person by name Munna was known to her - However, she wrongly identified accused `H' as Munna in open Court - PW5 saw the other three accused for the first time and that too for only a minute - No test identification..........
