Criminal Procedure Code, 1973, Section 389(1), Prevention of Corruption Act, 1988, Section 13(2), 13(1)(e), 11 -- Suspension of sentence during pendency of appeal against conviction - Offence u/ss 13(2), 13(1)(e), 11 of P. C Act - Considering facts and circumstances of case including extent of imprisonment undergone, condition of health of accused and need for early..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 174A -- Dishonour of cheque - Proclaimed offender - Registration of FIR u/s 174-A IPC - Quashing of FIR - Compromise arrived at between parties in proceedings u/s 138 of N.I. Act - Complainant withdrew his complaint and petitioner discharged on the basis of compromise - In such..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A -- Police aid - Violation of ex parte injunction order - Court cannot straight away order police aid without disposing of interim injunction petition because granting police aid to implement an ex parte injunction order may cause prejudice and hardship to opposite party, without hearing him - Party can take..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Status quo order - Oral agreement entered into between parties - It is thus, not proper to grant injunction without due inquiry, particularly when both the parties are companies - Status quo order rightly passed...........
Criminal Procedure Code, 1973, Section 133(1) -- Public nuisance - SDM omitted to pass a conditional order of removal of nuisance u/s 133(1) Cr.P.C and without passing a preliminary order, directly proceed to enquire into the matter and passed final order directing removal of nuisance - There is thus, non-compliance of S.133 Cr.P.C - Impugned order set aside - Matter..........
Civil Procedure Code, 1908, Section 151 -- Custody of child - Father seeking custody of minor daughter - Father granted permission to visit child periodically - Application u/s 151 CPC by father praying for allowing him to admit his daughter in a Public English Medium institution at his own cost for the purpose of overall development and welfare of child - Application..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 25 -- Remand - De novo trial - First Appellate Court mechanically passed an order of remand without applying itself to fact situation of case and without appreciating fact that issue on which remand order is passed was already decided by trial Court - Order of remand not covered under provisions of O.41.Rr.23, 23-A, 25..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420 -- Bail - Allegation in FIR pertaining to duping of complainant of Rs.4 lacs in order to send son of complainant abroad - Mere recovery of amount in question from accused, cannot be a ground for denial of bail to accused - Moreover, it is not the case of State that in case accused is granted..........
Criminal Procedure Code, 1973, Section 482 -- Summoning order passed without application of mind on a printed format - Summoning order set aside...........
Criminal Procedure Code, 1973, Section 173(2) -- Final report - Investigation by Central Crime Branch (CCB) - CCB not declared as police station by State - Admittedly, final report filed by CCB which is an investigating agency is not in contemplation with provision of S.173(2) Cr.P.C - Trial Court ought not to have taken cognizance on report submitted by CCB - Order taking..........
