Criminal Procedure Code, 1973, Section 102 -- Seizure of currency notes - Legality - Petitioner in reply before Magistrate has not taken the plea that currency notes seized from "R" and "N" were alleged/suspected to have been stolen or were found under circumstances which creates suspicion of commission of any offence - Held, S.102(1) Cr.P.C. provides that any police..........
Criminal Procedure Code, 1973, Section 107 -- Proceedings u/s 107 Cr.P.C. - Execution of bond - Held, order requiring execution of bond pending enquiry u/s 107 of the Code can be passed only on recording in writing the reasons which compels the passing of such an order...........
Criminal Procedure Code, 1973, Section 372 - - Right of appeal - Whether an appeal filed by victim invoking his right under proviso to S.372 Cr.P.C challenging acquittal or conviction for a lesser offence or awarding inadequate compensation is not maintainable on ground that State has filed an appeal against same order and for same purpose? - Held, appeal by victim is..........
Criminal Procedure Code, 1973, Section 372 - - Right of appeal - Whether an appeal filed by State should not be entertained on ground that appeal preferred by victim invoking his right under proviso to S.372 Cr.P.C. against same order is admitted by Court? - Held, appeal by State is maintainable...........
Civil Procedure Code, 1908, Section 104, Order 43, Delhi High Court Act, 1966, Section 10(1) - - Letters patent appeal from orders - Held, in case of an order passed by Single Judge in exercise of ordinary original civil jurisdiction in case of a no, appealable order u/s 104 r/w O.43 of CPC which meets the test of a "judgment" that decides matters of moment or affects..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Notice issued calling objections from defendant prior to granting any injunction order - No illegality or infirmity in the order - Trial Court to decide application in accordance with law expeditiously...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Sessions Court in revisional jurisdiction reduced the interim maintenance - Revision there against - Record shows that there is some dispute over factual aspects which are required to be decided in trial Court and not in revisional forum - Held, trial Court directed to dispose of main case u/s 125 of the..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Wife was subjected to torture by husband and i, laws and wife initiated a criminal case u/s 498-A IPC against her husband and in laws - Wife living separately - Held, living separately from the husband not a ground for refusing the prayer of wife for maintenance - Order of maintenance, in favour of wife, calls for..........
Criminal Procedure Code, 1973, Section 144(2) -- Proceedings u/s 144(2) of Cr.P.C. were drawn after calling reports from BL and LRO and from officer i, charge of Police Station - Revisional Court set aside the order drawing said proceedings - Challenge thereto - Held, revisional Court rightly observed that parties were co-shares in respect of land in question and both..........
Criminal Procedure Code, 1973, Section 155(4), 198, Indian Penal Code, 1860, Section 498A, 323, 494 -- Cognizance of no, cognizable offence - Contention on behalf of petitioners that offence u/s.494 IPC is a no, cognizable offence, cognizance of which can be taken by Magistrate only on the basis of a complaint as required u/s.198 CrPC, and that no cognizance in respect of..........
