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...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Order passed in bail application - Does not create a binding precedent...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 420, 120B -- Discharge - Cheating - Criminal conspiracy - Order of Central Vigilance Commission (CVC) shows that chances of conviction in a criminal trial involving same facts appear to be bleak - Accused discharged...........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Merely because short dates are given to parties, no malice can be attributed on Court, particularly when it is not pointed out from any order sheet that Court committed any error of law or procedure which has caused injustice to parties - Application dismissed...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issues - Issue regarding possession - Partition suit - Plaintiff filed suit seeking its division by metes and bounds and in alternative, he has prayed for sale of property by auction and for distribution of sale proceeds inter se parties to the extent of shares claimed in suit - Relief of possession is..........
Civil Procedure Code, 1908, Order 38, Rule 11(b) -- (As in Madras) - Attachment before judgment - Communication of order of attachment to Registering Officer - Order of attachment will have to be effected by communicating the same to concerned Sub-Registrar Office - Petitioner has to necessarily get order of attachment entered in Book No.I maintained in Sub-Registrar..........
Criminal Procedure Code, 1973, Section 372 -- Appeal by victim for enhancement of sentence is not maintainable - Victims right of appeal is restricted to three eventualities, namely, acquittal of accused, conviction of accused for lesser offence or for imposing inadequate compensation - There is no provision for appeal by victim for questioning order of sentence as..........
Criminal Procedure Code, 1973, Section 357(3) -- Compensation - Death due to custodial torture - Appellant is father of deceased who succumbed to injuries suffered in lock up - He is 76 years of age and has been fighting alone in the case for last more than 14 years - Deceased was 20 years old at the time of incident and appellant pursued the case from last 14 years which..........
