Civil Procedure Code, 1908, Section 129, 122, Order 8, Rule 1 -- Written statement - Period 90 days from service - Has no application on the High Court while exercising original side jurisdiction - Rules framed by High Court and protected under S.129 as regards proceedings on original side need not be consistent with provisions of Code - Section 97 of Amending Act of 2002..........
Criminal Procedure Code, 1973, Section 482 -- Order passed by High Court under section 482 Cr.P.C. - High Court cannot review the order...........
Civil Procedure Code, 1908, Section 10, 151 -- Provision of section 10 not applicable - Jurisdiction under section 151 cannot be exercised by bye-passing the provision of section 10 CPC - Where Code deals expressly with a particular matter, the provision should normally be regarded as exhaustive...........
Criminal Procedure Code, 1973, Section 438, 439 -- Bail - The distinction between an order in terms of Section 438 and that in terms of Section 439 is that the latter is passed after arrest whereas former is passed in anticipation of arrest and becomes effective at the very moment of arrest...........
Civil Procedure Code, 1908, Section 146, Order 22, Rule 10 -- Transfer of Property Act, 1882, Section 52 - Lis pendens - Impleadment - Transferee - Held that bringing on a lis pendens transferee on record is not as of right but in the discretion of the court...........
Criminal Procedure Code, 1973, Section 228, 229, 482 -- Framing of charge - Production of documents - Trial Court cannot allow accused to produce any document at the stage of framing charges - However, High Court has such power to allow the accused under section 482 of the Code or under Article 226 of the Constitution...........
Motor Vehicles Act, 1939, Section 68C -- Motor Vehicles Act, 1988, Sections 80 and 100(4) - Civil Procedure Code, 1908, Section 11 - Grant of permits - Draft scheme - Res judicata - Draft scheme dated 13.02.1986 prepared by UPSRTC under the old Act of 1939 - Whether the said scheme had lapsed under sub-section (4) of Section 100 of the 1988 Act specifically considered by..........
Criminal Procedure Code, 1973, Section 357, Indian Penal Code, 1860, Section 409 -- Reduction in sentence - Cashier Co-operative Society embezzled Rs.18,294/- and convicted under section 409 IPC - Period of trial, appeal and revision stretched to 24 years - Sentence reduced from 3 years to already undergone (2 months) - Accused directed to deposit a sum of Rs.90,000/- over..........
Constitution of India, 1950, Article 163 -- Criminal Procedure Code, 1973, Section 197 - Prevention of Corruption Act, 1988, Sections 19 and 13 - Sanction for prosecution - weather a Governor can act in his discretion and against the aid and advice of Council of Ministers in a matter of grant of sanction for prosecution of ministers for offences under the Prevention of..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused u/s 313 Cr.P.C. - It is imperative on the court to record the statement under Section 313 Cr.P.C. of the accused persons so as to give opportunity to the accused persons to explain any incriminating circumstance proved by the prosecution - If such opportunity is not afforded, the incriminating piece of..........
