Criminal Procedure Code, 1973, Section 427(2) -- Multiple sentences of life imprisonment - Concurrent running of sentences - There is no bar to declare sentence to suffer imprisonment for life in connection with multiple cases, but Court must be mindful that all subsequent life sentences must run concurrently and not consecutively as mandated u/s 427(2) Cr.P.C - Impugned..........
Criminal Procedure Code, 1973, Section 173(2), 167(2), Evidence Act, 1872, Section 114(e) -- Presentation of challan - Presumption of judicial acts - Judicial order on record shows that challan has been presented before Court on 5-2-2018 - Ahlmad in its report also stated that challan was filed on 5-2-2018 - There is thus, presumption in law that judicial acts are..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to unmarried major daughter - Daughter duly proved that she has been granted admission by foreign University for higher studies and she is not able to maintain herself - Father is having annual income of Rs.9 lakhs p.a - Sufficient material on record to prove that daughter is an aspirant for higher education in..........
Criminal Procedure Code, 1973, Section 41 -- Arrest - Violation of order passed by this Court - ASI acted in stark violation of order passed by this Court and went ahead to arrest the petitioner, guilt of ASI is established - ASI did not try to verify the claim of petitioner despite the fact that she was informed about the order passed by this Court - Thus, punitive costs..........
Civil Procedure Code, 1908, Section 151 -- Application for additional evidence was allowed - Injunction was granted only with regard to forcible interference and dispossession - Statement of building inspector recorded would not be relevant and material qua alleged breach of injunction, for, it pertained to sanctioning of site plan in respect of building - Trial Court not..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 311 -- Framing of charge - Charge u/s 311 IPC - No evidence on record that petitioners forcibly got pregnancy terminated - To frame a charge there has to be some material available with prosecution which is lacking in the case - Investigation done by prosecution itself does not support her claim -..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 166, 166A, 167 -- Sanction for prosecution - Offence u/ss 166, 166-A, 167 IPC - Nature of offending acts of petitioner itself makes it obligatory that before seeking prosecution of public servant charged with such offences, prosecution must invariably seek sanction to prosecute such public servant..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Order summoning additional accused not sustainable when by the same order original accused is acquitted...........
Civil Procedure Code, 1908, Section 64, Order 38, Rule 11 -- Attachment before judgment - Alienation of property by JD - Sale of property during subsistence of order of attachment before judgment - Attachment order prevails on such alienation of property...........
Civil Procedure Code, 1908, Order 38, Rule 11, 11A, Civil Procedure Code, 1908, Order 21, Rule 54 -- Attachment before judgment - Property attached before judgment and a decree subsequently passed in favour of plaintiff - It shall not be necessary upon an applicant for execution of such decree to apply for re-attachment of property, as said order of attachment before..........
