Partition suit -- Permission to sell portion of land of particular share - Court can permit petitioner to sell portion of his share for meeting his urgent expenses of treatment of his daughter during pendency of suit if petitioner as well as respondents are having equal share which is not objected by any of the parties - Such alienation would not be hit by S.52 of T.P..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Person from whom accused demanded illegal gratification was not examined before trial Court, as he could not be traced during the trial - In the absence of said person, factum of demand which is sine qua non of offence u/s 7 of the Act is not proved beyond..........
Criminal Procedure Code, 1973, Section 386 -- Appeal against conviction - Record of trial Court destroyed/weeded out - Reconstruction of record is not possible - Retrial of case is also not possible - Conviction and sentence set aside - Accused acquitted...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Maintainability - Anticipatory bail application is maintainable at the instance of an accused who is already in judicial custody in a different offence...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Law as to: (i) Accused is entitled to seek anticipatory bail in connection with an offence so long as he is not arrested in relation to that offence - Once he is arrested, only remedy available to him is to apply for regular bail either u/s 437 or S.439 Cr.P.C, as the case may be; (ii) There is no express or..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Plaintiff has not sought decree of possession but has only sought decree of injunction and claims to be in possession of property which is subject matter of sale deed - Power of attorney on the strength of which sale deed sought to be avoided by plaintiff was executed is also..........
Civil Procedure Code, 1908, Order 21, Rule 22(1) -- Execution - Show cause notice U.O.21.R.22 CPC - When subsequent application has been filed within two years from the withdrawal of previous execution application, there was no requirement for issuance of notice - Executing Court did not commit any error in issuance of warrant of attachment against petitioner without..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection regarding impleadment of LR's of DH - Objection was dismissed vide detailed order - No challenge was made to said order - Thereafter first execution petition remained pending for more than 3 months before it was withdrawn - Petitioner having not laid any challenge to said orders cannot plea qua same that too..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and two minor daughters - Curtailment of right of husband to cross-examine PWs makes the testimony of PWs go totally unrebutted - Order passed by Family Court curtailing the right of husband to cross-examine PWs examined by wife to prove her entitlement to claim maintenance from her husband set aside -..........
Civil Procedure Code, 1908, Order 41, Rule 17 -- Review of order passed under writ jurisdiction - O.41.R.17 CPC is not applicable to such an application - In absence of counsel for parties, Court is not required to dismiss in default and Court can decide the review application...........
