Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Whether a person is in possession or not, actual, deemed or constructive is a fact to be established or dismantled by parties by leading evidence to be appreciated by trial Court on the conclusion of trial - It is not a fact which can be elucidated or extracted from the averments of plaint and..........
Criminal Procedure Code, 1973, Section 438 -- Interim bail - Accused released on interim bail - Accused is deemed to be in constructive custody of Court in seisin...........
Criminal Procedure Code, 1973, Section 482 -- In the face of express remedy, power u/s 482 Cr.P.C. not to be exercised...........
Civil Procedure Code, 1908, Order 3, Rule 4 -- Vakalatnama - Authority of counsel - Counsel generally has no implied authority to make an admission or statement, which would directly surrender or conclude the substantial legal rights of client, unless such an admission or statement is clearly a proper step in accomplishing the purpose for which lawyer was employed...........
Civil Procedure Code, 1908, Order 3, Rule 4 -- Vakalatnama - Authority of counsel - Withdrawal of appeal - Appeal was withdrawn by counsel by making the statement that he does not want to proceed further with the appeal - In the said statement, he had not stated about any such instructions, having received from petitioner/appellant - Counsel in such circumstances had no..........
Criminal Procedure Code, 1973, Section 82 -- Proclamation - Proclamation issued by trial Court without recording reasons of its belief that petitioner has absconded or is concealing himself - Non-recording of satisfaction itself makes such order suffering from incurable illegality which renders the proclamation and proceedings subsequent thereto a nullity - Order of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Accused is a chemist by profession and having a valid licence for sale, transport and possession of scheduled narcotic drugs - Investigating agency has verified his licence from concerned quarters - Accused is behind the bars since..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Execution of Power of attorney on receipt of Rs.12 Lakhs as consideration - Revocation or cancellation of power of attorney - Whether power of attorney was revoked or cancelled with bona fide intention or with mala fide intention to cheat the agent who had paid part sale..........
Commercial Courts Act, 2015, Section 13(1A), Civil Procedure Code, 1908, Order 7, Rule 10, 11(d), Civil Procedure Code, 1908, Order 43 -- Appeal - Maintainability - Appeal u/s 13(1-A) of 2015 Act would lie only against judgment and orders which are enumerated or enlisted U.O.43 CPC - Order rejecting an application moved U.O.7.R.10 or O.7.R.11(d) CPC is not enumerated or..........
Criminal Procedure Code, 1973, Section 173(8), 156(3) -- Further investigation - CJM while rejecting application for further investigation opined that both investigation and further investigation resulted in the same set of evidence - Both investigation and further investigation ended in final report due to lack of evidence - Application for further investigation rightly..........
