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..........
Criminal Procedure Code, 1973, Section 319 -- Penal Code, 1860, Section 307 - Summoning as additional accused - Neither order containing any reason for invoking powers u/S.319 Cr.P.C. nor specific materials pointed out for coming out to the conclusion that the accused-petitioners are involved in the commission of the offence - Only one of the petitioners Jaikesh appears to..........
Criminal Procedure Code, 1973, Section 482 -- Penal Code, 1860, Sections 406, 420, 494, 498-A and 148 - Dowry Prohibition Act, 1961, Sections 3, 4 and 6 - Summoning order - Quashing petition - Matrimonial dispute - Petitioner No.1 and respondent No.2 have resolved their differences by way of bona fide settlement - To permit the prosecution of FIR to continue would be an..........
Probation of Offenders Act, 1958, Section 4 -- Criminal Procedure Code, 1973, Section 357 - Penal Code, 1860, Sections 218 and 120-B - Probation -Compensation - Offence u/S.218/120-B IPC - Incident 25 years old - It is not proper to send petitioners to custody at this stage - Complainant can sufficiently be compensated with compensation - Petitioner will be released on..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Transferee pendente lite - Impleadment - Principles governing : Firstly, for the purpose of impleading a transferee pendente lite, the facts and circumstances should be gone into and basing on the necessary facts, the court can permit such a party to come on record, either under..........
Criminal Procedure Code, 1973, Section 468 -- Penal Code, 1860, Sections 406, 498-A r/w 34 - Limitation - Cause of action - Complaint u/Ss.406/498-A/34 IPC - Wife was persuaded to withdraw her earlier complaint on 19.5.1990 with an assurance that the dispute has been amicably resolved -Later on, she was compelled to leave her matrimonial home on account of maltreatment and..........
