Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, 506, 201, 120B, Criminal Procedure Code, 1973, Section 197, 482 -- Cheating - Quashing of proceedings - Applicant Principal of Primary Education Institution - Allegation that applicant helped father of accused of a rape case by changing date of birth in transfer certificate of minor victim - As regarding sanction..........
Civil Procedure Code, 1908, Section 89 -- Mediation - Suit for specific performance - Civil Court by referring matter to Mediator had not sent matter for judicial settlement - S.89(2)(d) CPC thus, would apply - However, it is not the claim of plaintiff that after talks were declared successful by mediator, any further action was taken by plaintiff before civil Court -..........
Civil Procedure Code, 1908, Order 6, Rule 18 -- Extension of time to file amended plaint - Amendment of plaint allowed - Amendment not carried out in plaint, in time - No prejudice likely to be caused to defendant if extension to file amended plaint is granted - Law permits and empowers Court to extend time - Order allowing extension of time upheld but order in so far..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 504, 506 -- Quashing of proceedings - Offence u/ss 323, 504, 506 IPC - Accused assaulted complainant with abuse and scuffle and also extended threat of dire consequences - Earlier to present incident accused committed same occurrence for which proceeding u/ss 107, 116 Cr.P.C was taken by..........
Criminal Procedure Code, 1973, Section 154 -- Zero FIR - Directions issued to Commissioner of Police Delhi that: (i) to issue circular/standing order to all Police Stations in NCT Delhi and all concerned that if complaint of cognizable offence is received in a Police Station and occurred in jurisdiction of other Police Station in that case, Zero FIR shall be lodged by..........
Criminal Procedure Code, 1973, Section 385 -- Appeal against conviction - Dismissed for default - Appeal cannot be dismissed for default and if appellant fails to turn up for hearing in spite of granting several opportunities and even if advocate fails to attend Court, Court has to dispose of said appeal on merits on basis of material available on record - Order dismissing..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex-parte order - Setting aside - Eviction order - Application filed after more than 3 years after ejectment order was passed - Attempts of tenant had been to delay proceedings by one way or other - It is by now more than 19 years after eviction order was passed in favour of landlords and at this stage, tenant..........
Criminal Procedure Code, 1973, Section 256 -- Non-appearance of complainant - Order of acquittal of accused - Complainant remained absent on many dates - Matter was listed on 14 occasions before trial Court - Complainant was absent on 5 occasions, which is quite a large number almost 36% in 14 dates - Only excuse given by complainant is that his advocate advised him not to..........
Criminal Procedure Code, 1973, Section 167(2) -- Police remand - Magistrate is not required to write an elaborate order granting or refusing remand while exercising jurisdiction to remand u/s 167 Cr.P.C - However, Magistrate is required to briefly set out his reasons...........
Telegraph Act, 1885, Section 16, 10, Electricity Act, 2003, Section 164, Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Restraining defendant from erecting poles on any part of suit lands without following due process of law - District Magistrate granted necessary permission - 80% work already complete - Order granting interim injunction set aside..........
