Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 419, 323, 504, 506, 406 -- Quashing of proceedings - Cheating - Allegation that husband of complainant was duped by committing fraud by accused thereby Tractor was sold by way of hypothecation with Bank was held to be with material defects - PWs categorically said that all accused in..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304B, 498A -- Summoning of additional accused - Dowry death - Evidence produced during trial appears to be sufficient to justify summoning of petitioners - No interference warranted in impugned order of summoning of petitioners - Application rightly allowed...........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Proclamation was not publicly read in village where accused was residing - Publication of proclamation is thus, not in accordance with mandatory requirements of S.82(2)(i) Cr.P.C - Order declaring accused as P.O quashed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 504, 506 -- Quashing of summoning order - Cheating - Complaint filed for offences of fraud, abuse and extension of threat - Complainant and his witnesses were examined u/ss 200, 202 Cr.P.C - They are in corroboration with complaint and on basis of these evidence collected during enquiry by..........
Delhi Rent Control Act, 1958, Section 14(1)(e), Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Eviction order - Brother of tenant appeared before Executing Court contending that he proposed to file objections - However, no objections have been filed rather he file an application U.O.39.Rr1, 2 CPC - Maintainability of objections - Petitioner permitted to raise plea of..........
Criminal Procedure Code, 1973, Section 439(1)(a), 437(3) -- Bail - Conditions - Court, in addition to the conditions mentioned in S.437(3), clauses (a) to (c) can impose such other conditions as it considers necessary - Such conditions can be imposed `Only if it considers necessary' for which a finding is necessary for imposing such other conditions - Bail Court should..........
Criminal Procedure Code, 1973, Section 482, 245, Indian Penal Code, 1860, Section 323, 504, 506 -- Order rejecting discharge application - Offence u/ss 323, 504, 506 IPC - Specific averment was there that accused was not aware of complainant - Till disposal of application u/s 245 Cr.P.C, no additional evidence was there on basis of which charge is to be framed by trial..........
Criminal Procedure Code, 1973, Section 438 -- Interim bail granted for one month on ground of illness of mother - Interim bail extended for one month on ground that mother had expired and wife was suffering from serious illness - It was made clear that no application for extension of bail shall be entertained - Petitioner now seeking extension of interim bail on ground of..........
Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997, Section 9(2), Civil Procedure Code, 1908, Section 2(2), 96 -- Order made by Sub Court, which is essentially a Civil Court in a reference u/s 9(2) of the Act, will be a decree within meaning of S.2(2) CPC - Once it is held to be a decree within meaning of S.2(2) CPC, an appeal would automatically lie against..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Order dismissing application U.O.1.R.10 CPC - Not appealable in terms of O.43.R.1 CPC and cannot be termed as interlocutory order - Petition u/art 227 of Constitution is maintainable against such an order...........
