Civil Procedure Code, 1908, Order 23, Rule 3 -- Withdrawal of suit with liberty to file fresh suit - Formal defect - Application U.O.23.R.3 CPC is totally bereft of any details as to formal defect - It also does not enlist any sufficient ground for allowing plaintiff to institute a fresh suit - Order allowing application set aside - Suit restored...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 18 -- Contraband - Order granting bail - Accused has been arrested in a similar offence under NDPS Act after granting bail - Order granting bail set aside...........
Mutation -- Co-sharer not entitled to alienate any specific Khasra numbers - Mutation of specific khasra numbers without partition cannot be sanctioned - Mutation rightly set aside by both the Courts below...........
Indian Penal Code, 1860, Section 366, 376 -- Kidnapping and rape - Appellant married with prosecutrix and they have four children out of their wedlock - Therefore, in exercise of power u/art 142 of constitution, conviction and sentence set aside - Appellant acquitted...........
Criminal Procedure Code, 1973, Section 173(8), Indian Penal Code, 1860, Section 498A, 323, 506 -- Further investigation - Offence u/ss 498-A, 323, 506 IPC - Application for further investigation filed by complainant after her chief examination was completed - There was no justification whatsoever for High Court to have directed further investigation into the case at such a..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 27(1) -- Murder - Common intention - Prosecution has failed to place on record any evidence to show that appellants had common intention with A-1 prior to A-1 shooting at the deceased resulting in her death - Conviction and sentence set aside - Appellants acquitted...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Suit filed in Commercial Court not maintainable - Order dismissing application filed U.O.7.R.10 CPC set aside - Matter remitted back to re-allot the case to any other regular court, in accordance with law...........
Arbitration and Conciliation Act, 1996, Section 37 -- Appeal - Arbitral award - When Court declined to interfere with the award u/s 34 of the Act, there was no justification at all for Division Bench of High Court to set aside award u/s 37 of the Act...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Trial in respect of other accused had already been concluded in the year 2016 and now trial Court is waiting for decision of revision petition - Trial Court took cognizance against petitioners relying upon testimony of complainant and his father - However, there are serious contradictions in..........
Indian Penal Code, 1860, Section 302, 498A -- Murder of wife by husband - Death by burning - Victim died in a tragic manner - Merely because it has been shown that there were serious matrimonial disputes between deceased and accused, it cannot be said that it was accused who had set fire to his wife - Presence of accused at occurrence spot at the relevant time is highly..........
