Civil Procedure Code, 1908, Section 80(1), 80(2) -- Notice - Service of - Condition precedent for institution of a suit against Govt. or a public officer - No suit can be filed against Govt. or a public officer unless requisite notice u/s 80 (1) has been served on such Govt. or public officer - Section imposes a statutory and unqualified obligation upon Court - In absence..........
Civil Procedure Code, 1908, Section 80(1), 80(2) -- Suit against Govt. - Service of notice - Exemption - No urgent or immediate relief granted by the Court - Section 80(2) mandates that if Court is of the opinion that no urgent relief deserve to be granted, it should return plaint for presentation after complying with requirements as contemplated u/s 80(1)...........
Criminal Procedure Code, 1973, Section 197, 482 -- Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 32 - Penal Code, 1860, Sections 452, 500, 506, 148 r/w 149 - Summoning order - Quashing petition - Public servant - Sanction for prosecution - Loan - Default - Affixation of notice, demanding payment, on the house..........
Criminal Procedure Code, 1973, Section 357 -- Probation of Offenders Act, Section 4 - Indian Penal Code, 1860, Sections 324, 326 and 325 - Probation - Accused, four in number convicted under Sections 324, 326 and 325 IPC - Occurrence took place in the year 1993 - Both parties belonging to same village - No material to show that any of the petitioners indulged in any crime..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Appellant arrested on 18.7.06 and he in custody since then - Challan filed and charges framed - Fit case to release accused on bail under Section 439 Cr.P.C...........
Contempt of Courts Act, 1971 -- Criminal Procedure Code, 1973, Section 438 - Contempt of Court - Anticipatory bail - Direction of by Additional Sessions Judge in an application for anticipatory bail to the SHO to serve two days advance notice in respect of registration of a criminal case which the petitioner was apprehending on the basis of some event which had taken place..........
Indian Penal Code, 1860, Section 302, 304 PartII, Criminal Procedure Code, 1973, Section 374(2) -- Murder - Alteration of conviction - Conviction for causing death of wife by assaulting her on head - On first instance deceased came with an axe and assaulted accused which enraged accused and he snatched axe and assaulted deceased - Accused assaulted deceased in a sudden..........
Civil Procedure Code, 1908, Order 39, Rule 2 -- Restoration of water course - Application filed before Sub-Divisional Canal Officer (SDCO) for restoration of water course - Rejected, holding that there was no water course and land of applicants properly irrigated by water course running at site - Appeal before Divisional Canal Officer (DCO) allowed - Demolished water..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 307, 302 -- False encounter - Police killing a person in false encounter - Prosecution of police officers - Sanction for prosecution of Police Officers, not required - To eliminate a person in a false encounter is no part of official duty and by no stretch of imagination can take the colour of an..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Arrest and detention of J.D. - Decree holder satisfied Court that J.D. has neglected to pay decretal amount having sufficient means - Arrest and detention of J.D. in civil prison cannot be refused on the ground that D.H. has alternative remedy of attachment of his properties - J.D. can choose any of..........
