Criminal Procedure Code, 1973, Section 31(1) -- Single transaction giving rise to more than one offence - Concurrent running of sentence - Where a single action of accused gives rise to more than one offence under different enactments i.e under IPC, Bonded Labour Act and Child Labour Prohibition Act, sentences in all the offences would run concurrently and not..........
Criminal Procedure Code, 1973, Section 154, 207, Right to Information Act, 2005, Section 4, 8(1) -- FIR - Supply of copy to accused - Application for copy of FIR can be submitted by any person under RTI Act - Police authorities are obliged to provide copy of FIR under RTI Act when police does not take a decision to claim exemption u/s 8 of 2005 Act...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non-filing - Striking of defence - Provision of O.8.R.1 CPC is directory and not mandatory - Impugned order of striking of defence set-aside - Defendant granted one week's time to file the written statement...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Omission to frame issue - Cannot vitiate the trial, where parties to litigation were in full knowledge of rival cases and evidence in support of respective pleadings were in refutations of pleadings of other side...........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19, 13(1)(d), 13(1)(e), Indian Penal Code, 1860, Section 405 -- Sanction for Prosecution - Acquisition of assets disproportionate to known source of income - Governor quoted the complaint in detail in his order of sanction - But there is no finding as to why Governor accorded sanction..........
Civil Procedure Code, 1908, Order 13, Rule 1 -- Production of original sale deed - Suit for cancellation of registered sale deed - Plaintiff is under an obligation to file original document, in case he wants to rely on such document in further proceedings of suit - If plaintiff does not file original document, then latter portion of said Rule shall come into operation...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Temporary Injunction - Suit for partition - In a suit for partition, normal practice is to preserve the property as it is, so that at the time of final decision of suit it may not result in complication and multiplicity of proceedings - Grant of temporary injunction by trial..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Temporary Injunction - Suit for partition - Appellate court while exercising its powers, is required to act with great care and circumspection - Order of temporary injection is not to be interfered with in routine manner unless and until it is noticed by appellate court that..........
Civil Procedure Code, 1908, Order 16, Rule 1 -- List of witness - Filed after evidence of plaintiff and cross-examination had been recorded - No list of witnesses was given by plaintiff after framing of issues - Omission on the part of plaintiff necessitated filing of present application - It would amount to be a first list, which plaintiff should have filed - Application..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 120B, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Sanction for prosecution - Offence u/s 120-B IPC and u/ss 13(1)(d), 13(2) of P.C. Act - Accused allegedly entered into criminal conspiracy by abusing their official positions as public servants - Accused illegally transferred..........
