Criminal Procedure Code, 1973, Section 161(2), Constitution of India, 1950, Article 20(3), 21 -- Narco-analysis polygraph test (Lie-detector test) and BEAP (Brain Electrical Activation Profile) test - Without consent of accused and against his will - It is violative of `right against self-incrimination' guaranteed u/arts 20(3), 21 of Constitution and also violative of..........
Criminal Procedure Code, 1973, Section 216 -- Framing of additional charge u/s 406 IPC - Informant filed an application for addition of charge u/s 406 IPC, as there were allegations against husband about criminal breach of trust as far as stridhan is concerned - Magistrate allowed the application against husband and mother-i, law after considering the material and..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Eviction suit - During pendency of appeal against eviction order application is filed for impleadment of respondent no. 5 (representing Government) on ground that suit land belongs to Government - If Government has any interest in suit property, it might have filed application during pendency of suit..........
Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Appeal - Order refusing to grant interim injunction passed u/s 9 of Arbitration and Conciliation Act - Appeal not maintainable U.O.43.R.1(r) CPC, as order refusing to grant interim injunction can only be considered u/s 9 of Arbitration and Conciliation Act, even though an application U.O.39.Rr.1,2 CPC is also filed...........
Civil Procedure Code, 1908, Section 64, Order 38, Rule 10, Registration Act, 1908, Section 71, 76 -- Registration of sale deed - Order of attachment cannot be a bar to registration of document - Sale of property, pending the order of attachment is void only as against the claims enforceable under the order of said attachment and not in respect of other claims - Sale of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Before a new party is impleaded notice must be issued to proposed party and not after Court comes to conclusion that proposed party is a necessary party - However, even if a party is impleaded without issuing any notice to it, an opportunity to file application U.O.1.R.10(2) is always available to such..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Suit for specific performance - Subsequent purchasers - Part of suit property purchased by petitioner after date of agreement to sale, which is subject matter of suit in question - Petitioner clearly fall within the category of subsequent purchaser and would definitely be affected by present suit - Hence,..........
Criminal Procedure Code, 1973, Section 256, Indian Penal Code, 1860, Section 382, 427, 367, 120B -- Dismissal of case on account of no, prosecution - Offence u/ss 382, 427, 367, 120-B IPC - Case was pending since long due to no, appointment of Addl. P.P. - However, case was dismissed on account of no, prosecution on the very next date of reporting of Addl.P.P - There were..........
Civil Procedure Code, 1908, Order 21, Rule 106(3) -- Execution petition - Dismissed in default - Restoration - Limitation - 30 days - Starting point of limitation is date of said order and not from date of acquiring knowledge about dismissal of execution petition...........
Criminal Procedure Code, 1973, Section 125 -- Interim Maintenance - Permissibility - Provision of S.125 does not either permit or prohibit to grant interim maintenance - In the absence of any express bar or prohibition, provision cannot be interpreted as conferring power by necessary implication to make interim order of maintenance subject to final outcome in application...........
