Criminal Procedure Code, 1973, Section 311 -- Summoning of witness - Object of S.311 - Held, main object underlying S.311 of the Code is that there may not be failure of justice on account of mistake of either party in bringing valuable evidence on record or leaving ambiguity in statements of witnesses examined from either side - Determinative factor is whether it is..........
Criminal Procedure Code, 1973, Section 482 -- Inherent jurisdiction - The illustrative categories indicated by this Court are as follows: (1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused;..........
Civil Procedure Code, 1908, Order 7, Rule 1 -- Petition and plaint - Difference - O.7.R.1 CPC prescribes what a plaint should contain but no section or order or Rule of CPC prescribes as to what a petition should contain - On the other hand, CPC does not say that the ingredients required for plaint are the ingredients for petition - Therefore, a petition is completely..........
Fatal Accidents Act, 1855, Section 1(a) -- Torts - Criminal Procedure Code, 1973, Section 340 - Damages -Suit for damages vis-`-vis proceedings u/s 340 Cr.P.C - Distinction - Suit for damages is civil remedy for claiming monetary compensation for the wrong done - Proceedings u/s 340 are criminal proceedings initiated by the Court for giving false evidence - No monetary..........
Criminal Procedure Code, 1973, Section 320(6), 401 -- Revision - Power to compound offences - Held, S.320(6) Cr.P.C. confers powers upon High Court and Sessions Court acting in the exercise of its powers of revision u/s 401 to allow any person to compound any offence which such person is competent to compound under this section...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR or criminal proceeding - Principles governing : (1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused; (2) Where the allegations in..........
Haryana Urban Development Authority Act, 1977, Section 15, Haryana Urban Development (Disposal of Land and Buildings) Regulations, 1978 -- Promissory Estoppel - Land acquired - Land in possession of tenanats, running business - Allotment of alternate site - Representations to HUDA for providing alternative site - Resolution passed by HUDA to allot alternative site at..........
Civil Procedure Code, 1908, Order 41, Rule 3-A, Limitation Act, 1963, Section 5 -- Appeal barred by time - Application for condonation of delay - Appellate Court allowed appeal without deciding the application for condonation of delay - Judgment of Appellate Court is wholly without jurisdiction - Incumbent upon the Court to decide application under section 5 before..........
Evidence Act, 1872, Section 25, Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 15, Terrorists and Disruptive Activities (Prevention) Rules, 1987, Rule 15 -- Confession - Made by accused before Police Officer - Admissible in evidence - Guidelines for recording confession are : (1) The confession should be recorded in a free atmosphere in the same..........
Civil Procedure Code, 1908, Section 148, Specific Relief Act, 1963, Section 20 -- Enlargement of time - Rescission of agreement to sell - Suit for specific performance decreed by Trial Court - One month time specified for the execution of sale deed by judgment debtor in favour of decree holder on receipt of balance sale consideration - Delay of 4 days in deposit of balance..........
