Criminal Procedure Code, 1973, Section 427 -- Concurrent running of sentences - Where there are different transactions, different crime numbers and cases have been decided by different judgments, concurrent sentence cannot be awarded u/s 427 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant proved on record cheque issued in his favour by accused, which on presentation were dishonoured - Neither any illegality in judgments of convictions nor they suffer from any jurisdictional error - 11 years have elapsed since institution of complaint - Accused is poor person, so in place of..........
Civil Procedure Code, 1908, Order 9, Rule 12, Hindu Marriage Act, 1955, Section 13(1)(ia) -- Ex parte divorce decree against wife - Wife remained ex parte on basis of report of process server that she refused to receive notice of proceeding - However, judgments of Courts below do not reveal that while sending notice to wife through process of Court simultaneously notice..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Land acquired in the year 1976 - Claimants claiming compensation @ 297 per square yard relying upon decision in the case of Mangu and ors. passed with regard to acquisition of the year 1991 - Said judgment not comparable at all because of time gap of approximately 15 years between the date of..........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree for possession - After passing of decree J.D. purchased shares from other co-sharers - Share of J.D./joint owner not specified on a particular portion of land in question - Objection by J.D. that decree cannot be executed till land is partitioned between joint owners - Court instead of issuing warrant of actual..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title and permanent injunction - Concurrent findings recorded to the effect that plaintiffs are absolute owners and possessors of suit scheduled property and they are in possession of same - There is no perversity in judgments of both the Courts below - No interference warranted in said..........
Pronouncement of judgments -- Delay in delivery of judgments is violative of Art.21 of Constitution...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - There is no difference of power, scope, jurisdiction or limitation under the Code between appeals against judgments of conviction or of acquittal - Appellate Court is free to reconsider questions of both law and fact and re-appreciate entirety of evidence on record - However, in practice appellate..........
Criminal trial -- Informant himself the investigator - Merely for this reason investigation is not vitiated on the ground of bias or the like factor - Question of bias or prejudice depends upon facts and circumstances of each case - Accused not entitled to acquittal on the sole ground that informant is the investigator - Contrary decision of Supreme Court in Mohan Lal Vs..........
Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3, 4 -- Maintenance - As per R.Banumathi, J.Family Court cannot entertain application of divorced Muslim woman u/ss 3 & 4 of the Act and that Family Court cannot convert petition for maintenance u/s 125 Cr.P.C. to one u/ss3 or 4 of the Act - However, As per Indira Banerjee, J. Family Court had jurisdiction..........
