Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 376(AB) -- Suspension of sentence during pendency of appeal - Applicant has already undergone custody of 1 year, 2 months and 8 days - Appeal is not likely to be heard in near future - Sentence suspended during pendency of appeal...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Ex parte judgment was passed without fixing a date for ex parte hearing, as such taking away rights of defendant to show reasons for non-appearance as permitted U.O.9.R.7 CPC - Ex parte judgment set aside - Matter remitted back to trial Court...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Mere fact that accused used to threat victim at places to implicate him in false criminal case and they created financial, mental and physical pressure upon victim, that by itself does not constitute the ingredient of instigation - Presence of mens rea is also the necessary concomitant of instigation...........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Mere evasive allegation of harassment or threat without even mentioning date, time or place of such occurrence of positive action, proximate to time of occurrence on the part of petitioners which led or compelled victim to commit suicide, conviction u/s 306 IPC is not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Search of accused must be carried out in presence of Gazetted Officer or Magistrate only - Question of giving a third option of search being conducted by a member of police party, none of whom are Gazetted Officer, does not arise - However, where accused voluntarily expresses his willingness..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising illegal construction upon land of plaintiff - Construction of wall is already over and only finishing work remained - Application rightly rejected...........
Criminal Procedure Code, 1973, Section 439, Unlawful Activities (Prevention) Act, 1967, Section 10, 13, 17, 38(1)(2), 40, 22A, 22C, Chhattisgarh Vishesh Jan Suraksha Adhiniyam, 2005, Section 8(2), (3), (5), Indian Penal Code, 1860, Section 201, 149, 120B, 34 -- Bail - Offences u/ss 10, 13, 17, 38(1)(2), 40, 22-A, 22-C of 1967 Act, S.8(2), (3), (5) of 2005 Adhiniyam and..........
Bombay Stamp Act, 1958, Article 25 -- Explanation 1 Schedule I - Deficient stamp duty - Agreement to sell - Suit property occupied by appellant on rental basis under agreement to sell and it would not be a part of sale transaction - Since possession was admittedly given to appellant even before the date of agreement, implying acquisition of possessory rights protected u/s..........
Hindu Marriage Act, 1955, Section 25(2), Criminal Procedure Code, 1973, Section 127 -- Maintenance to wife - Alteration/modification of maintenance - Courts can modify maintenance upon proof of material change in circumstances - While Courts have the power to modify maintenance based on changed circumstances, this power is not suo motu and must be exercised only on..........
Hindu Marriage Act, 1955, Section 25(2) -- Maintenance to wife - Enhancement - Husband a retired person receiving a pension of Rs.50,000 p.m - Though he claimed that he has substantial expenses including his medical treatment, he is a heart patient and family obligations including wife and three children - However, no documentary evidence provided by husband to..........
