Civil Procedure Code, 1908, Section 153A, Order 41, Rule 11 -- Correction of decree or order - Power of High Court - Clerical mistake - Held, S.153-A comes into play when the judgment passed by trial Court becomes a subject matter of an appeal and is decided in terms of O.41.R.11 of CPC - It was an enabling section and does not bar superior Court to exercise its own powers..........
Criminal Procedure Code, 1973, Section 250, 190(1)(b) -- Case instituted on police report - Order of acquittal - Order of compensation - Validity - Held, in a case instituted on police report, an order of acquittal passed in favour of accused, after trial, even if Court finds that accusation made by de facto complainant was without reasonable cause cannot give rise to any..........
Criminal Procedure Code, 1973, Section 313 -- Statement of accused recorded u/s 313 - Use of - Held, statement of accused recorded u/s 313 of the Code cannot be put against accused person - Courts may rely on a portion of statement of accused and find him guilty in consideration of other evidence against him led by prosecution - Statement made under this Section should not..........
Criminal Procedure Code, 1973, Section 311, 391 -- Criminal trial - Important and relevant evidence - Production of - Power of Court - Held, the important and relevant evidence collected by the Investigation Agency should have been produced and if not done, the trial Court could invoke its powers under Section 311 Cr.P.C. and if no such attempt was made, the same has to be..........
Civil Procedure Code, 1908, Section 153, Order 6, Rule 17 -- Plaint - Amendment - Primacy of provision of S.153 - Held, as regards S.153 of the Code of Civil Procedure, 1908, it needs only to be observed that it being body of the Code it is to be read in more general terms in conjunction with the proviso to R.17 of O.6 of the Code framed to regulate the procedure, but in..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of Cheque - Conditions precedent to file complaint - Held, the presentation, dishonour of the cheque & no, payment of amount despite receipt of notice within a statutory period etc. are the conditions precedent for institution of a criminal complaint in writing by the payee - Only when all the indicated..........
Negotiable Instruments Act, 1881, Section 138 -- Object of Section 138 - Held, Section 138 of NI Act is the speedy, beneficial provision to recover the impugned amount, to punish the defaulter and it cannot possibly be interpreted to create the hurdles to defeat the real cause of justice and public interest to enable the accused to defeat the rightful claim of the..........
Land Acquisition Act, 1894, Section 16 -- Acquisition - Mode of taking possession - (i) No hard and fast rule as to what act would constitute taking of possession of the acquired land; (ii) If the acquired land is vacant, the act of the concerned State authority to go to the spot and prepare a panchnama will ordinarily be treated as sufficient to constitute taking of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 10 -- State of Punjab directed to appraise High Court - whether rules to permit, control and regulate the possession of Narcotic Drugs and Psychotropic Substances (synthetic/natural) under the NDPS Act as are required to be framed under Section 10 of the NDPS Act, have been framed or not which may apply to..........
Criminal Procedure Code, 1973, Section 482 -- The scope and ambit of Court power under Section 482 of the Code are inherent power `ex debito Justicia' to do the real and substantial justice to parties for the administration criminal justice and to prevent the abuse of process of the court...........
