Civil Procedure Code, 1908, Order 41, Rule 31 -- First Appeal - Non-framing of point of determination - Where First Appellate Court indeed formulated the main point for determination, though it had not formulated the points for determination in detail, but answered all points at issue in length, it cannot be said that judgment of Appellate Court is vitiated for no, framing..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Abatement of suit - Death of one of three plaintiffs - Suit for permanent injunction - Plaintiffs occupying three different portions of suit property and have filed a joint suit for enforcement of their individual right to use the main gate of the same - Case based on common cause of action - On death of one of plaintiffs,..........
Indian Penal Code, 1860, Section 494, 109 -- Bigamy - Prosecution of second wife - Not barred as she entered into matrimony with main accused having knowledge about subsistence of his first marriage...........
Criminal Procedure Code, 1973, Section 182(2), Indian Penal Code, 1860, Section 494, 109 -- Offence u/ss 494, 109 - Jurisdiction - Objection as to jurisdiction - Where main accused does not made any endeavour to question the impugned order of framing charge and dismissal of revision against the same, objection as to jurisdiction on behalf of co-accused is wholly untenable...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Sufficient cause - Delay of 127 days in filing appeal - Main plaintiff, Karta of family who was prosecuting proceedings at time of judgment was seriously ill and subsequently died - Delay in filing appeal is neither deliberate nor outcome of malafide action - Delay condoned...........
Punjab State Election Act, 1994, Section 76, 78, Punjab Panchayat Election Rules, 1994, Section 50 -- Election petition - Main allegation of petitioner was that at time of counting of votes, petitioner was kept away from counting center and his votes were counted in favour of respondent - Allegation could not be substantiated by any piece of evidence - Agents of..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and perpetual injunction - Ancestral property - Plaintiff born before date of vesting, so he got share equivalent to defendant No.1 in the property of Sir and khudkasht along with his father/defendant No.1 - However, name of father recorded in revenue record as `Karta' of family - Plaintiff aggrieved only..........
Indian Penal Code, 1860, Section 302, 307, 366, 34 -- Murder - Common intention - Accused `G' fired at deceased - Other accused also fired at deceased - However, no material on record that deceased died on account of any firing by accused `H' - Presence of accused `H' beholding a gun along with main culprit is proved but prosecution failed to establish that accused `H'..........
Customs Act, 1962, Section 25 -- Customs duty - Exemption of - Crude palm oil is imported to produce edible oil - During process of said manufacture, 25% fatty acid was produced and 75% edible oil - Since main manufacturing activity related to edible product and fatty acid emerging as by-product cannot said to be satisfying first requirement of exemption notification -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 63, 8, 15 -- Confiscation of vehicle - Offence u/ss 8, 15 of the Act - Vehicle carrying contraband confiscated - Since there is no culpability of main accused persons for the alleged offence, it is thus, not desirable to maintain order of confiscation for vehicle in question and its subsequent auction - Vehicle..........
