Indian Penal Code, 1860, Section 364A, Criminal Procedure Code, 1973, Section 181(2) -- Kidnapping for ransom - Offence u/s 364-A IPC is not covered under sub-section (2) of S.181 Cr.P.C...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2 -- Injunction - Courts have jurisdiction to pass an order of injunction not only U.O.39.R.2 CPC but also under Section 151 thereof...........
Punjab Police Rules, 1934, Rule 25.21 -- Vol.III - Dying declaration - Procedure to be adopted for recording dying declaration - (1) A dying declaration shall whenever possible be recorded by a Magistrate; (2) The person making the declaration shall, if possible be, examined by a medical officer with a view to ascertaining that he is sufficiently in possession of his..........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 197 - - Section for prosecution - Use of expression, "official duty" - Meaning of - Held, implies that the act or omission must have been done by public servant in course of his service and that it could have been in discharge of his duty - Section does not extend its protective cover to every act or omission done by..........
Constitution of India, 1950, Article 227 -- Application under Article 227 - Maintainability - Alternative remedy of appeal available - Application under Article 227 not maintainable where an appeal lies. Code of Civil Procedure, 1908, Section 96...........
Civil Procedure Code, 1908, Order 22, Rule 9, Limitation Act, 1963, Section 5, Article 120, 121 -- Abatement - Setting aside - If an application for setting aside the abatement is made within 150 days of the date of death, there is no need to file an application under section 5 of the Limitation Act to condone the delay as no delay as such occurs in view of Arts.120 & 121..........
Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 3, 4 -- Two beneficial provisions do not co-exist - Court to apply one of the other beneficial provision be it Section 360 IPC or Probation of Offenders Act...........
Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 3, 4 -- Applicability of the two provisions - Provision of S.360 Cr.P.C. relates only to persons not under 21 years of age convicted for an offence punishable with fine only or with imprisonment for a term of seven years or less, to any person under 21 years of age or any woman convicted..........
Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 165, Indian Penal Code, 1860, Section 376(2)(c) -- Rape - Retarded woman - Case registered on report forwarded by Superintendent and Principal of Retarded and Child Rehabilitation Home - Statement of prosecutrix recorded by Magistrate under section 164 Cr.P.C. - Prosecutrix not examined during trial -..........
Civil Procedure Code, 1908, Section 151 -- Inherent power of Court - (a) The inherent power of a court is in addition to and complimentary to the powers expressly conferred under the Code; (b) The inherent power available under section 151, Civil Procedure Code is not controlled by any other provisions of the Civil Procedure Code; (c) The inherent powers cannot be invoked..........
