Criminal Procedure Code, 1973, Section 439 -- Indian Penal Code, 1860, Section 376, 313, 315 and 506 - Bail - Accused, a self proclaimed sidh/saint - He exploited the prosecutrix and impregnated her several times because of which she gave birth to four children and there were abortions thrice - None of the children so born survived - Skull of a child recovered during..........
Civil Procedure Code, 1908, Section 104(1)(2), 4, 100A, Order 43, Rule 1 -- Prior to 1976, 2002 amendment - Letters Patent, Cl.15 (Madras) - Order of Signal Judge in appellate jurisdiction - Letter Patent Appeal - Maintainable - Appeal under Cl.15 of LPA of High Court is one provided by law for time being in force - And at relevant time S.100-A did not bar such an appeal -..........
Registration Act, 1908, Section 77, Civil Procedure Code, 1908, Section 80 -- Refusal to register document - Suit under section 77 - Proceeding is in nature of appeal from order of refusal to register - Question of issuing notice under section 80 CPC does not arise...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307 -- Anticipatory bail - Offence under Section 307 IPC - Discretion to grant pre-arrest bail could be exercised only if the offence alleged to be committed is not grave and there is no need of custodial interrogation - Keeping in view the nature of charges, motive and obvious need of custodial..........
Criminal Procedure Code, 1973, Section 133 -- For operation of the provision it must be shown that the interference with public comfort was considerable and a large section of the public was affected injuriously...........
Civil Procedure Code, 1908, Section 9 -- Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 - Ejectment petition - Jurisdiction of Civil Court - Dismissal of suit for possession by way of ejectment by trial Court holding that the suit was not maintainable as during the pendency of the suit, Rent Act became applicable to Panchkula town and Civil Court had no..........
Civil Procedure Code, 1908, Order 21, Rule 58(3) -- Attachment of property - Claim or objection as to - Appeal - Maintainability - Held that against orders passed under Rule 58(3) and Rule 98 and 100 or Order 21 CPC, regular appeals under Section 96 and not miscellaneous appeals under Section 104 read with Order 43, Rule 1 CPC are maintainable...........
Civil Procedure Code, 1908, Order 21, Rule 58(3), 98, 100 -- Second appeal - A second appeal under Section 100 CPC is maintainable against an order passed in an appeal arising out of order passed under Rule 58(3) or Rules 98 and 100 of Order 21 CPC...........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 293(4) -- Gun shot - Report of FSL signed by Junior Scientific Officer (Ballistic) - A Junior Scientific Officer is an officer enumerated in Section 293(4) - Court to accept the document without examining the author...........
Criminal Procedure Code, 1973, Section 438, Railways Property (Unlawful Possession) Act, 1966, Section 8 -- Section 8 - Anticipatory Bail - Maintainability of anticipatory bail for offences under 1966 Act - All offences u/s 8 of 1966 Act are not bailable - Since all offences are not bailable - Application for anticipatory bail is maintainable...........
