Criminal Procedure Code, 1973, Section 319 -- Summoning as additional accused - Object of Section 319 of the Code is to ensure that an offender does not escape the consequences of his misdeeds - The powers has to be exercised with a degree of caution, in exceptional circumstances and only where on the basis of the material on record, the Court is satisfied that the..........
Criminal Procedure Code, 1973, Section 319 -- Penal Code, 1860, Section 302/120B/34 - Summoning as accused - Application for by petitioner - Dismissal by trial Court - It relied on the petitioner's unsigned supplementary statement made to the police exonerating respondent Nos.2 to 5 of any wrong doing - Statement on oath by petitioner appearing as PW1 reveals specific..........
Criminal Procedure Code, 1973, Section 439(2), 395(3) -- Wild Life (Protection) Act, 1972, Sections 9, 39, 51 - Bail - Cancellation of bail - Offences under the Wild Life Act - Bail granted to respondent No.2 - Reference under Section 395 Cr.P.C. made to High Court - Clarification sought as to whether the Courts at Jhajjar or Faridabad would have jurisdiction in the matter..........
Criminal Procedure Code, 1973, Section 210, 190 -- Private complaint and police investigation in respect of the same offence - In case investigation by police is in progress in respect of the same offence then proceedings of complaint case are to be stayed and Magistrate to call for record of police officer conducting the investigation - Provision of S.210 Cr.P. can be..........
Civil Procedure Code, 1908, Section 144, Order 9, Rule 13 -- Restitution - Exparte decree set aside under Order 9 Rule 13 CPC - Benefit of restitution under Section 144 is available - Proceeding under Order 9 Rule 13 CPC is `the other proceeding' within the meaning of Section 144 of the Code...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Company - It is necessary to specifically aver in complaint that at the time offence was committed, the person accused was in-charge of and responsible for conduct of business of company - Without such an averment in complaint the requirement of Section..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Company - It is necessary to specifically aver in complaint that at the time offence was committed, the person accused was in-charge of and responsible for conduct of business of company - Without such an averment in complaint the requirement of Section..........
Specific Relief Act, 1963, Section 37 -- Suit for Permanent Injunction - Dispute as to immovable property - Relevancy of findings qua possession u/s 145 Cr. P. C. - In proceedings u/s 145 Cr. P.C., plaintiff not found in possession of the suit land - Finding about possession, recorded in proceedings u/s 145 Cr. P. C. between the parties, relevant in the suit for permanent..........
Civil Procedure Code, 1908, Section 33, Order 20 -- Judgment and decree - Wrong citation of the provision of the Act - Suit filed by the wife for claiming maintenance and for creating 'maintenance' as charge on the property - Courts below allowed the suit by placing reliance on Sections 27 & 28 of the Hindu Adoption & Maintenance Act, 1955 and created maintenance amount as..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35, 54, Criminal Procedure Code, 1973, Section 313 -- Possession - Conscious possession - Presumption - Presumption u/ss 35, 54 NDPS Act cannot be raised unless accused is given an opportunity to rebut the presumptions in his statement under Section 313 Cr.P.C. by calling upon him to explain the circumstances..........
