Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 511, 109, 34, 120B, 409, 420, 405, 417, 426, Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 17 -- Complaint u/ss 511, 109, 34, 120-B, 409, 420, 405, 417 and 426 IPC - Dispute regarding recovery of dues by bank - Dismissal of..........
Criminal Procedure Code, 1973, Section 340, 195(1)(b) -- False evidence - Respondent allegedly stated certain facts which are not accurate in his rejoinder filed in civil suit - However, explanation offered by respondent in his rejoinder seems reasonable - It would be difficult to conclude that respondent had deliberately tried to misled Supreme Court to obtain a..........
Criminal Procedure Code, 1973, Section 439 -- Successive bail applications - Changed circumstances - If trial Court in order to ascertain as to under what penal section charges should be framed against applicant, has made certain observations with regard to conduct of I.O of case, same could not provide any new ground to applicant for purpose of releasing him on bail...........
Criminal Procedure Code, 1973, Section 482, 216, Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Quashing of Order - Order altering charge u/s 7 to Ss.13(1)(d), 13(2) of P. C Act - Charge altered on application of prosecution - Trial Court has not suo moto invoked its jurisdiction and thus, failed to exercise jurisdiction available to it - Impugned order..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - To produce original Will, primary evidence - Appellate Court to permit production of any document, which would help Court to pronounce judgment or for any other substantial cause - Such power is to advance the cause of justice - First Appellate Court erred in refusing to allow..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Decree of specific performance - Out of Court settlement - Judgment-debtor should not have taken the risk of warding off a decree by an out of court settlement by a doubtful document - This fatal mistake has to be to his peril - No person of reasonable intelligence would accept such a defence against decree..........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - Court of appeal should not pass an order of remand in a routine manner - Order of remand should be passed in exceptional cases where it is not possible for Appellate Court to decide the dispute between parties on merit on available evidence on record...........
Civil Procedure Code, 1908, Order 41, Rule 23, Civil Procedure Code, 1908, Order 20, Rule 5 -- Remand - Remand of suit for fresh trial because of the fact that issues were not separately dealt with - Appellate Court cannot shirk its duties to dispose of appeal on merit - Order of remand should be passed in exceptional cases where it is not possible for Appellate Court to..........
Criminal Procedure Code, 1973, Section 190, 2(d), Indian Penal Code, 1860, Section 323, 504 -- Offence u/ss 323, 504 IPC - Investigation of non cognizable offence and charge sheet filed of non cognizable offence - Charge sheet be treated as complaint - Order taking cognizance set aside - Trial Court to proceed in the case as a complaint case...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Ex parte order - Wife was expelled from her matrimonial house and she is unable to maintain herself and is dependent upon her mother - Whereas, husband gets salary of Rs.55,540 pm - On oath statement of wife and her mother are uncontroverted - Husband did not opt to contest the case, as he did not adduce..........
