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 allegedly trespassed house of complainant and assaulted complainant - They ran from spot after many persons rushed to the spot, while extending threat of dire consequences - Said assault was owing to previous..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of more than 534 days in filing appeal against decree passed in Counter claim - Respondent has not approached Court with clean hands as he suppressed material facts, that too, deliberately and intentionally and thereby tried to gain an unfair advantage from the Court, that too, by casting serious allegations..........
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 34 -- Second appeal - Suit for declaration - Sale deed - Plea of plaintiff that he be declared as owner in possession of suit property - Owner of suit property who executed sale deed in favour of defendant is not a party to present litigation - Previous owner has not challenged legality and..........
Passport Act, 1967, Section 12, 10(3)(b) -- Passport - Correction/change of entries regarding date/place of birth in passport - Petitioner was minor at time when his previous passport was issued and after attaining age of majority he applied for a fresh passport and for correction of his date of birth - Time limit of 5 years is laid down in main para 4(III) will not apply..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar U.O.2.R.2 CPC - Provision of O.2.R.2 CPC postulate an absolute bar on splitting of claims and on filing subsequent suit qua relief which was omitted or relinquished by plaintiff in previous suit...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 17 kg poppy husk - Reduction of sentence - Recovery effected from accused in 2001 - Custody certificate produced on file shows that at the time of suspension of sentence of accused, he had undergone 7 months and 29 days of imprisonment and has not been found involved in any other case..........
Insolvency and Bankruptcy Code (Amendment) Act, 2019, Section 4, Insolvency and Bankruptcy Code, 2016, Section 12, Constitution of India, 1950, Article 14, 19(1)(g) -- Amendment - Extension of CIRP by 60 days - Held, time taken in legal proceedings is certainly an important factor which causes delay, and which has made previous statutory experiments fail - Word..........
Indian Penal Code, 1860, Section 333, 335 -- Nature of offence - Allegation that PW2 being conductor of bus issued a ticket to wife of accused by writing words `I Love You' on its overleaf - Accused caught hold of neck collar of PW2 and assaulted him on his face, kicked him on chest etc. - PW2 though is a public servant, but act of PW2 cannot come under purview of act done..........
Indian Penal Code, 1860, Section 302, 324 -- Murder - Defence of accused is that it was PW1 who was having an evil eye on bhabhi of accused and on the date of incident he visited house of deceased to rape her - However, it is unbelievable as to a person visiting house of deceased with an intention to commit rape while carrying an axe - Moreover, deceased named accused in..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 420 IPC - Compromise - Chance of ultimate conviction bleak after compromise/settlement arrived at between parties - Continuation of criminal prosecution will be futile exercise and a sheer wastage of previous time of Court - Continuation of criminal proceedings after compromise..........
