Criminal Procedure Code, 1973, Section 235(2) -- Death sentence - Pre-conviction hearing - If accused is afforded a real and effective opportunity to plead his case with respect to sentencing, whether simply by way of oral submissions or by bringing pertinent material on record, there is no bar on pre-sentencing hearing taking place on same day as pre-conviction hearing...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Pre-arrest bail is a discretionary relief and is to be granted in exceptional cases and not in routine...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Adjudication of cases - Considering that misuse of cheques causing frivolous litigation and large number of such cases pending before Courts - Supreme Courts has issued direction to RBI to create new proforma that will include `purpose of payment' alongwith other information - Supreme Court also..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 18 -- Appeal before Appellate Tribunal - Pre-deposit is required for entertaining an appeal before DRAT as mandated by S.18 of the Act - Guarantor or mortgagor who mortgage its property to secure repayment of loan, stands on same footing as a borrower and if he..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident occurred due to sudden quarrel between parties and in heat of passion accused dealt a single blow which turned fatal - No animosity between accused son and deceased mother - Incident had genesis of quarreling between accused and his wife for which it could be said that there was no..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Disputed questions of facts and defence of accused cannot be taken into consideration at the pre-trial stage...........
Rajasthan Pre-emption Act, 1966, Section 5(1)(c), 6(1)(ii), 6(3) -- Right of pre-emption - Plaintiff and defendant no.2 were joint owners in possession of disputed courtyard having half share each - Defendant no.2 sold his house and disputed courtyard to defendant no.1 - Plaintiff has a superior right of pre-emption by virtue of provisions of S.6(3) of Rajasthan..........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - To stay execution proceedings, pre-condition is that there must be a suit pending before same Court filed by J.D. against D.H. - When two Court are different from each other then execution Court is right in denying to grant stay of execution petition proceedings before it...........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Quarrel and altercation took place between accused and deceased on the issue of accused assaulting his minor children - Weapon used by accused was a natural agricultural apparatus - It is difficult to attribute any pre-meditation or intention to cause death of deceased - Accused assaulted deceased by..........
Pre-emption -- Before granting relief of pre-emption to a registered sale deed, Court has to be certain about existence of superior right, a tenant claim - Such superior rights cannot be permitted to be exercised only on basis of assumptions...........
