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..........
Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 184 (4), 191(4) -- Misappropriation of dowry articles - Territorial jurisdiction - After being turned out of matrimonial home, complainant was staying at Faridabad - FIR lodged under section 406 IPC at Faridabad - Faridabad Court had jurisdiction to deal with the matter - Offence of criminal..........
Civil Procedure Code, 1908, Section 92 -- To invoke the provisions of the section three conditions to be fulfilled (i) trust is created for public purpose of a charitable or religious nature, (ii) there was a breach of trust or a direction of Court is necessitated in the administration of trust, & (iii) relief claimed is one or other of reliefs enumerated therein...........
Criminal Procedure Code, 1973, Section 446(1) -- Bond for appearance - Forfeiture - Notice under section 446(1) - Notice is to show cause why person who forfeited the bond shall not pay the penalty or show cause why penalty shall not be paid and not to show cause whether there is any reason for failure of accused in appearing in Court or in producing accused...........
Criminal Procedure Code, 1973, Section 446 -- Bond for appearance - Forfeiture - Imposition of penalty and imprisonment in civil jail without issuing a show cause notice as contemplated under Section 446 is illegal...........
Criminal Procedure Code, 1973, Section 254(1) -- Accused when pleads not guilty or accused not convicted under section 252 or section 253, Magistrate shall post the case for hearing prosecution...........
