Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of claim petition - Petition filed U/s 166 of the Motor Vehicle Act, 1988 - Amendment sought to convert the claim petition u/s 163-A of the Act. Held - Provisions of Section 163A of the Act are in the nature of a social security - Provides a distinct scheme of compensation to claimant/deceased having annual income..........
Criminal Procedure Code, 1973, Section 174 -- Scope - Investigation u/s 174 Cr.P.C. is limited in scope and is confined to the ascertainment of the apparent cause of death - It is concerned with discovering whether in a given case the death was accidental, suicidal or homicidal or caused by animal and in what manner or by what weapon or instrument the injuries on the body..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 452, 294, 323, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Anticipatory bail - Apprehension of arrest - Complainant, a young boy of 15 years had some quarrel with son of applicant No.1 - Applicants entered into house of complainant and..........
Land Acquisition Act, 1894, Section 30, Civil Procedure Code, 1908, Section 9 -- Apportionment of compensation between owner and tenant - Reference of dispute - Jurisdiction of Civil Courts - Civil Courts have jurisdiction to try all suits of Civil nature except suits of which cognizance is either expressly or impliedly barred - Under Section 30 special remedy is provided..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Decision about marital status of a person by a criminal Court in a proceeding under Section 498-A of the Code does not have any bearing on a proceeding under Section 125 of the Code...........
Civil Procedure Code, 1908, Section 100, Punjab Courts Act, 1918, Section 41 -- 1976 Amendement of CPC - RSA filed in the year 1981 - No substantial question of law framed - After amendment of Section 100, Section 41 of the Punjab Courts Act has become redundant and repugnant to the Central Act, has to be ignored - Second Appeal to High Court only on a substantial question..........
Criminal Procedure Code, 1973, Section 403, 482 -- Evidence Act, 1872, Section 40 to 43 - Quashing of proceedings - Prayer for - By petitioners absconders on the ground that the co-accused in the respective cases were acquitted on trial - Principle of Autrefois acquit - Previous judgment - Relevancy of - Held that a judgment to be relevant within the meaning of Sections 40..........
Civil Procedure Code, 1908, Section 144, 151 -- Restitution - Construction raised in the garb of ad interim injunction - Thereafter suit dismissed for default - Removal of construction raised in the garb of ad interim injunction - Petition under section 144 is not maintainable unless there is any decree or order passed by a competent court of law which is either varied or..........
Civil Procedure Code, 1908, Section 94, 141 -- Appeal - Dismissed for default - Restoration application pending - Ad - interim injunction sought for - Restoration application falls within the meaning of proceedings as envisaged under section 141 - Section 94 CPC has no application to such proceedings - Court not competent to grant injunction - Under order 39 rule 1, 2 CPC...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 29 -- Dishonour of cheque - Power of Magistrate to impose sentence of fine exceeding Rs.5000/- - Accused convicted under Section 138 of N.I. Act - Magistrate can only impose a sentence of fine not exceeding Rs.5000/- - In view of provisions of S.29 Cr.P.C. imposition of penalty or fine of..........
