Criminal Procedure Code, 1973, Section 427 -- Sentence on offender already sentenced for other offence - Life sentence u/s 121 and 121 A Indian Penal Code and under Section 4 Explosive Act i.e. on three counts - Death sentence u/s 120B read with 302 - Sentence of life imprisonment will naturally get merged into death sentence...........
Criminal Procedure Code, 1973, Section 306, 308 -- Approver - Once pardon is granted to an accused he ceases to be an accused person and become a witness for the prosecution - When approver resiles from the agreement, and breaks the conditional pardon, the contract is broken and the State becomes entitled to prosecute him by recourse to Section 308 Cr.P.C...........
Civil Procedure Code, 1908, Section 64(2) -- Concept of registration introduced by S.64(2) by way of amendment of the Code is introduced to prevent false and frivolous cases of contracts being set up with a view to defeat the attachment - If the contract is registered and there is subsequent attachment, any sale deed executed after attachment will be valid - If it is..........
Civil Procedure Code, 1908, Order 23, Rule 3, Registration Act, 1908, Section 17(2)(vi) -- Compromise decree - Registration - Can be summarized as : (1) Compromise decree, if bonafide, in the sense that the compromise is not a device to obviate payment of stamp duty and frustrate the law relating to registration, would not require registration - In a converse situation, it..........
Criminal Procedure Code, 1973, Section 193, 319 -- Summoning additional accused - Challan not filed against the petitioner - At the framing of charges against other co-accused on application of complainant cognizance taken against petitioner also and issued summons to them - Held that since trial has not begun the trial Court has jurisdiction to issue summons under Section..........
Civil Procedure Code, 1908, Section 152 -- Correction of decree - It is impermissible to review a judgment, under the guise of exercise of power under Section 152 C.P.C...........
Civil Procedure Code, 1908, Section 100 -- Second Appeal - In the absence of a question of law, an appeal cannot be admitted under Section 100 of the Code - The question with regard to onus framed in the Memorandum of Appeal would pale into insignificance because once the parties to a suit have led evidence then the question of onus would become academic...........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning of - Only if compelling situation exists and there is likelihood of an order of conviction - If there are remote chance for conviction then additional accused should not be summoned - While proceeding under Section 319 Cr.P.C., there should be reasonable prospects of conviction...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3) -- Compensation - Granted under sub-section (3) of S.357 Cr.P.C. is to be recovered only as if it were a fine...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3), 389(1) -- Dishonour of cheque - Compensation - Suspension during pendency of appeal - Appellate Court can pass appropriate interim orders of suspension with any conditions or terms as may warrant in circumstances in respect of compensation awarded under sub-section (3) of S.357..........
