Medical Termination of Pregnancy Act, 1971, Section 3(4), Indian Penal Code, 1860, Section 313, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Termination of pregnancy without consent of husband - Pregnancy of petitioner terminated in order to save her life, as her condition was deteriorating due to carrying a dead foetus - Medical evidence confirms..........
Criminal Procedure Code, 1973, Section 311 -- Re-examination - Object of the provision as a whole is to do justice not only from the point of view of the accused and the prosecution but also from the point of view of an orderly society - This power is to be exercised only for strong and valid reasons and it should be exercised with caution and circumspection - Recall is..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Neither I.O. nor Magistrate has power to conduct or order fresh investigation...........
Criminal Procedure Code, 1973, Section 173(3) -- Further investigation - No report u/s 173(2) Cr.P.C. submitted by police officer in prescribed form - Investigation is not completed but is going on - This is not a case of further investigation or re-investigation - It is a case of initial investigation for which neither information to Magistrate/Court concerned is required..........
Criminal Procedure Code, 1973, Section 340 -- Perjury - Wrong statement made by accused in revision petition filed against order of summoning them - Application u/s 340 Cr.P.C. not filed during pendency of revision petition - It was only when revision was dismissed that application u/s 340 Cr.P.C. was filed alleging that a wrong statement was made by accused regarding..........
Civil Procedure Code, 1908, Section 92, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from interfering with affairs of plaintiff trust - Defendants continue to act as trustees of plaintiff trust, as their removal by plaintiffs is bad in law - Trust being charitable, defendants can be removed only by invoking S.92 CPC - Injunction order restraining..........
Criminal Procedure Code, 1973, Section 482, 145, 146 -- Quashing of order - Proceedings u/ss 145, 146 Cr.P.C. - Receiver took the possession of 30 shops in concerned market - Compromise arrived at between parties - Recovery memo reveals that property ought to have been released in favour of person from whom possession thereof was taken - But, without due application of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 174A -- Quashing of FIR - Petitioner was declared proclaimed offender, thus FIR u/s 174-A IPC was registered - Petitioner could not appear as notice was not served at the address where he was residing - That after passing of order declaring him as proclaimed offender, petitioner has surrendered..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - Right of management of temple and its property as `Mahant/Pujari" or `Manager' - Necessary pleadings in this respect analysed - Pleadings should be as to on what basis, he was claiming post of "Mahant/Pujari" or "Manager" - was it through his forefathers or through any other channel and who, according to him,..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action not defined in CPC - It means right to sue and consists of material facts which are imperative for plaintiff to allege and prove in order to succeed in suit...........
