Criminal Procedure Code, 1973, Section 439 -- Bail - Guidelines - (a) Bail should not be refused unless the crime charged is of the highest magnitude and the punishment of it prescribed by law is of extreme severity; (b) Bail may be refused when the Court may reasonably presume, some evidence warranting that no amount of bail would secure the presence of the convict at the..........
Criminal Procedure Code, 1973, Section 439 -- Prevention of Terrorism Act, 2002, Section 50 - Bail - Accused prosecuted under POTA - Cognizance of offence taken on the date on which there was no sanction u/s 50 of POTA - Accused is entitled to bail...........
Indian Penal Code, 1860, Section 306, 498A -- Criminal Procedure Code, 1973 - Section 235 (2) - Sentence - New Plea - Order of conviction and sentence passed on same day - Appellant not seeking adjournment or time for making submission on the sentence - No grievance against passing of conviction and sentence on same day made before High Court either in Memorandum of appeal..........
Civil Procedure Code, 1908 -- Order 9 ,R. 13 - Transfer of Property Act, 1882, Section 52 - Ex parte decree - Lis pendens transferee - Locus Standi to move application for setting aside ex-parte decree - Held that a lis pendens transferee, though not brought on record under Order 22 Rule 10 CPC, is entitled to move an application under Order 9 Rule 13 to set aside a..........
Civil Procedure Code, 1908, Section 9 -- Electricity (Supply) Act, 1948, Sections 49 and 79 - Alternative remedy - Bar of jurisdiction of civil Court - Scheme of Settlement of Disputes of the grievance of consumers framed by the respondent Board in exercise of powers under Section 79(j) r/w Section 49 of the Act - Plea of the respondent Board that plaintiff has not..........
Criminal Procedure Code, 1973, Section 340, Penal Code, 1860, Section 191,192,193, Industrial Disputes Act, 1947, Section 17B -- False affidavit - Tendered in Court - Plea of respondent that false averment, if any, was made not directly in a claim made by him under Section 17B of the ID Act but was made in response to respondent's plea in Civil Miscellaneous application..........
Criminal Procedure Code, 1973, Section 145, 146 -- Effect of the order of Magistrate passed u/s 145/146 Cr.P.C. - (i) `Competent Court' - Do not necessarily mean a civil court only - A competent court is one which has the jurisdictional competence to determine the question of title or the rights of the parties with regard to the entitlement as to possession over the..........
Civil Procedure Code, 1908 -- Order 6 ,R. 17 - Specific Relief Act, 1963, Sections 21 and 22 - Amendment of plaint - Suit for specific performance - Amendment sought so as to plead that in the alternative the plaintiff entitled to the refund of the earnest money - Prayer made on behalf of the plaintiff held to be in consonance with the provisions of Section 21 of the Act..........
Civil Procedure Code, 1908, Section 152 -- Scope of - Contemplates correction of mistakes by Court of its ministerial actions - Does not contemplate passing of effective judicial orders after judgment, decree or order - Very Court or Tribunal cannot on mere change of view - Not entitled to vary terms of judgment, decree and order earlier passed except by means of review,..........
Civil Procedure Code, 1908, Section 60, Payment of Gratuity Act, 1972, Section 13 -- Payment - Pension Act, Section 11 - Employees Provident Fund & Miscellaneous Provisions Act, 1952, Section 10(2) - Attachment order - Whether the amount due as provident fund, leave salary, gratuity etc., to the deceased employee can be attached in the hands of the employer pending the..........
