Criminal Procedure Code, 1973, Section 167(2) -- Default bail - While granting bail, High Court held that accused can be re-arrested after charge sheet is filed - Held, filing of charge sheet by itself is not a ground for cancellation of bail granted u/s 167 Cr.P.C. which can be cancelled on other grounds available in law to the prosecution...........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 304B, 498A, 323, 506, 313, Dowry Prohibition Act, 1961, Section 3, 4 -- Cancellation of anticipatory bail - Dowry death - Cruelty - FIR contains recital of allegation bearing on role of accused in demanding dowry, of prior incident of assault, payment of moneys by cheque to in-laws of deceased..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Where accused was granted interim bail for a particular period and once that period expired and his bail was considered on merits and same came to be dismissed by trial Court - Principle governing cancellation of bail therefore, would not apply to the case...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for rectification of sale deed and for declaring the sale deed of defendants No.5 to 8 null and void - There was no question of adjudication of bhumidari rights - An executant or his successor can file suit in Civil Court for cancellation of void instrument...........
Criminal Procedure Code, 1973, Section 167, 439(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 28, 29 -- Default bail - Cancellation - Contraband - Recovery of contraband one from vehicle while being transported and other in factory premises - Combined complaint filed for both offences before Special Court, Omerga (Maharashtra) wherein offences..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Merely because there is another offence levelled which may be non-bailable, ipso facto bail cannot be cancelled...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - For cancellation of bail very cogent and overwhelming circumstances are necessary...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Court not opined that accused has in any manner affected the investigation or has shown rowdy behaviour of any kind after having been granted bail - Impugned order cancelling bail set aside...........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Sale of minor's property by father in contravention of S.8(2) of the Act - Suit for declaration, possession and permanent injunction filed by minor after attaining majority without seeking relief of cancellation of sale deed in question not maintainable - Suit rightly dismissed...........
Agreement to sell -- Specific performance - Mere pendency of suits for cancellation of sale deeds executed by original owner and partition of suit property, does not debar Court from deciding the suit...........
