Civil Procedure Code, 1908, Order 39, Rule 1(a) -- Temporary injunction - Defendant can seek injunction against plaintiff on the grounds mentioned in O.39.R.1(a) CPC but cannot seek injunction on the grounds other than those mentioned in O.39.R.1(a) - Defendant cannot invoke inherent powers under Section 151 of the Code for seeking temporary injunction on grounds other..........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, Indian Penal Code, 1860, Section 336, 452, 427, 323, 506 -- Bail - Offence u/s 336, 452, 500 IPC and SCST Act - Section of SCST Act under which offence committed not mentioned - Dispute is primarily of business dealings - State does not require..........
Criminal Procedure Code, 1973, Section 427 -- Concurrent running of sentences - Accused convicted and undergoing sentence in a criminal case - Subsequently convicted in another case - No prayer made for concurrent running of sentences - Judgment pronounced - After judgment, court cannot have resort to provisions of Section 427 to make sentences run concurrently - Remedy is..........
Criminal Procedure Code, 1973, Section 482 -- Criminal proceedings - Quashing of - Mere mention of sections and language of those section is not sufficient - It must be brought to the notice of the Court the particulars of the offence committed by each and every accused and the role played by each and every accused in committing the offence - Vague complaint - Complaint..........
Civil Procedure Code, 1908, Order 22, Rule 4, Limitation Act, 1963, Section 21 -- Suit filed against a dead person - One of the legal representatives already on record - Omission to impleaded L.R's of deceased defendant a bona fide mistake - Impleadment of L.R's subsequently relates back to date of filing of suit in view of proviso to sub-section (1) of S.21 of Limitation..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12, Criminal Procedure Code, 1973, Section 437 -- Bail - Accused committing gang rape on a minor girl aged about 15 years - Accused a juvenile - Held, case of accused comes in exception category of Section 12 of Juvenile Justice Act - His release would expose him to moral, physical or psychological..........
Constitution of India, 1950, Article 161, 19, 21, Criminal Procedure Code, 1973, Section 432 -- Remission of sentence - Revocation thereof - Legality of - Held, once remission granted by virtue of Art.161 of the Constitution by State Government on occasion of Republic Day and entered in history sheet of convict, cannot be revoked later on u/s 432 Cr.P.C. by department of..........
Criminal Procedure Code, 1973, Section 218, 223 -- Joint trial - Cases registered for the offences indictable u/s 120-B r/w Ss.420, 467, 468, 471 of IPC and Section 13 of Prevention of Corruption Act - Second FIR registered on same set of facts - Trials relating to both the cases pending in the same court - Material on record do not suggest that offences as alleged have..........
Criminal Procedure Code, 1973, Section 300, Indian Penal Code, 1860, Section 285, 286, 337, 338, 304A, Factories Act, 1948, Section 92 -- Rash and negligent act by petitioner/occupier or Manager of factory resulting into death of worker - Petitioner has not been convicted and/or acquitted in either of case as Section 92 of the Factory Act do no prescribe punishment for..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Impleading of L.R's - Courts are not required to delve into the question of title - Court is only required to see whether the person sought to be substituted has any right or whether he is the legal representative of the heirs, as defined under Section 2(11) CPC...........
