Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 420, 468, 477A -- Sanction for prosecution - Offence u/ss 420, 468 & 477 IPC - Alleged indulgence of officers in cheating, fabrication of records or misappropriation cannot be said to be in discharge of their official duty - Their official duty is not to fabricate records or permit evasion of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Remedy against an ex parte decree has two options: (i) to file a regular appeal; (ii) to file an appeal for setting aside the order in terms of O.9.R.13 CPC - Both the proceedings are available simultaneously...........
Civil Procedure Code, 1908, Section 114, Order 41, Rule 1 -- Review - An entirely new ground which was not raised earlier at the time of hearing of appeal would not be considered for first time at Review stage...........
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(e), Criminal Procedure Code, 1973, Section 482 -- Disproportionate assets - Quashing of proceedings - Income tax Commissioner and his family members were named in the final report u/s 173 Cr.P.C. - Matter investigated and charge-sheet submitted - Proceedings cannot be quashed on the ground that assets were declared..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(3) -- Dishonour of cheque - Leave to appeal - As per complaint, accused was on business terms with complainant and he used to borrow money from her time to time - However, during cross-examination complainant deposed that she was not running any business and has no knowledge regarding..........
Indian Penal Code, 1860, Section 364, 302, 201, Criminal Procedure Code, 1973, Section 374, 386 -- Appeal against conviction - Conviction u/s 302 IPC reversed by High Court as (i) Motive not proved; (ii) Presence of eye-witnesses appeared to be matter of chance; (iii) FIR reached the jurisdictional Magistrate after delay of two days - No interference warranted...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Husband getting salary to the tune of Rs.17,564/- p.m. - Maintenance of Rs.4,000/- p.m. granted to wife by Family Court - High Court without indicating any reason reduced the maintenance to Rs.2000/- p.m. after retirement of husband - Husband had taken voluntarily retirement after order of maintenance was passed,..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Appeal - Maintainability - Divorce petition - Despite re-marriage by the act of a party who obtained decree of divorce or annulment of marriage, other party's right and remedy to seek for setting aside ex-parte decree or to file appeal against the decree as per statutory provisions is in no..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Appeal - Divorce petition - Once it is shown that applicant has no knowledge of the proceedings and not served with summons in filing application within one month from date of knowledge as per Art.123 of Limitation Act as substituted service is no proper service, rejection of her application..........
Electricity Act, 2003, Section 125, 79, Civil Procedure Code, 1908, Order 41, Rule 22, Constitution of India, 1950, Article 12 -- Appeal - Condonation of delay - Declining to condone delay in preferring an appeal against order of CERC - Appellant entered into two Power Purchase Agreements - Failure of appellant in supplying electricity in second PPA agreement at settled..........
