Criminal Procedure Code, 1973, Section 146, 145 -- Order of attachment - There must be existence of situation over possession of disputed land which may cause breach of peace between parties prior to any order of attachment of disputed property is made - If there is no direct evidence of any likelihood of breach of peace, inability of Magistrate concerned to come to a..........
Civil Procedure Code, 1908, Order 13, Rule 9 -- Return of admitted documents - Once documents have served their purpose in litigation and are no longer required by Court, should be returned to their rightful owner and not necessarily to the party who physically submitted the documents in Court...........
Civil Procedure Code, 1908, Order 8, Rule 1, Civil Procedure Code, 1908, Order 7, Rule 11 -- Written statement - has to be filed within prescribed time frame irrespective of whether an application U.O.7.R.11 CPC is considered or not...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Filing of written statement is not a condition precedent for considering an application U.O.7.R.11 CPC - Therefore, it is not permissible for trial Court to dismiss the application on the ground that written statement was not filed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For consideration of application filed U.O.7.R.11 CPC, only the averments made in the plaint are required to be considered and not that in written statement...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - For the purpose of exercising its power u/s 482 Cr.P.C to quash criminal proceedings, High Court would have to proceed entirely on the basis of allegations made in the complaint or documents accompanying the same per se - High Court has no jurisdiction to examine the correctness or otherwise of..........
Criminal Procedure Code, 1973, Section 389 -- Stay of conviction - Order granting suspension of sentence to an accused can in no way mean that stay/suspension of conviction also automatically stands granted...........
Criminal Procedure Code, 1973, Section 389 -- Stay of conviction - Mere fact that an appeal has been preferred against judgment of conviction and final adjudication thereof would take time is not a ground by itself for granting an order of stay of conviction...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 376(2)(n), 506, 201, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(w)(i) -- Stay of conviction during pendency of appeal against conviction - Rape - Victim belongs to SC community - Accused was a married man having three children - Stay of conviction..........
Civil Procedure Code, 1908, Section 96 -- Composite single appeal - Dismissal of suit and decreeing counter claim - When both the civil suit and counter-claim was decreed by a common judgment, regardless of whether a separate decree has been prepared in the counter claim, both would be required to be challenged by separate appeals - Composite single appeal dismissed being..........
