Criminal Procedure Code, 1973, Section 389 -- Post conviction bail - Procedure for - Held, appellate Court, if inclined to consider release of convict sentenced to punishment for death or imprisonment for life or for period of ten years or more, shall first give an opportunity to public prosecutor to show cause in writing against such release - On such opportunity being..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 36A(4) -- Default bail - Challan not presented within time - Application for extension of time filed before expiry of period of presentation of challan - No interim or final order of extension of time passed - After presentation of challan extension of time..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2, 4 -- Interim injunction - Once application U.O.39.Rr.1 & 2 CPC filed by plaintiff and application U.O.39.R.4 CPC filed by defendant are disposed of by speaking order on merits in presence of parties, prayer in the fresh application for vacation of an order by way of modification cannot be granted...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Plaintiff by way of amendment has challenged three registered documents on various grounds - Merit or demerit of his contention cannot be considered at this stage - Same is liable to be allowed if a valid case for amendment is made out in order to decide real dispute between parties - Since the facts..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 4 -- Quashing of conviction - Appellant convicted and sentenced to 6 months RI u/s.498-A IPC and S.4 of Dowry Prohibition Act - Parties entered into compromise - Held, even though parties have arrived at a compromise, order of conviction cannot be quashed..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Plaintiff claimed to be owner of 1/2 share in the suit property - By way of first amendment share claimed to be 2/3rd - After 12 years by way of present application plaintiff claimed to be exclusive owner of property in question - Amendment sought besides being highly belated is barred by limitation and..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Cause of action of plaintiff and applicant petitioner are wholly different and therefore it cannot be said that presence of petitioner is necessary to settle the questions involved in suit - As a person can only be added as plaintiff or defendant if Court reaches the opinion that person before Court..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Grant or refusal - Magistrate should record reasons - Maintenance can be awarded from the date of order or from the date of application - For awarding maintenance from the date of application, express order is necessary - No special reasons, however, are required to be recorded by Court...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 43, Rule 1 -- Rejection of plaint - Appeal - An order of dismissal of an application U.O.7.R.11 CPC is not appealable U.O.43.R.1 CPC...........
Civil Procedure Code, 1908, Order 37, Rule 1(2)(b)(i) -- Summary suit - Written contract - Purchase order is a written contract - Expression `written contract' does not say that it should be signed written contract - It is enough that there is written contract - Impugned order of Court refusing to treat the suit as one U.O.37 CPC set aside - Trial Court directed to issue..........
