Civil Procedure Code, 1908, Section 2(9), Order 20, Rule 4 -- Decree for prohibitory injunction passed against only one of the defendants - Not a judgment within the meaning of S.2(9) read with O.20.R.4 CPC - Not legally valid which is capable of execution...........
Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, Section 10 -- Equity shares purchased by appellant which were found to be tainted - Special Court fixed a cut off date during which it could facilitate certification of tainted shares - Appellant approaching special court for certification of tainted shares after cut off date - Application..........
Criminal Procedure Code, 1973, Section 468 -- Bar to taking cognizance after lapse of the period of limitation - As per S.468(2) Cr.P.C. limitation period has to be read with reference to filing of complaint and not with date of cognizance or issue of process - As per S.468(2)(c) Cr.P.C. limitation for filing complaint shall be three years - In instant case charge sheet..........
Representation of the Peoples Act, 1951, Section 25, 56 -- Conduct of Election Rules, 1961, Rule 15 - Election to State Assembly - Venue of casting votes changed by the officials who were in charge of conduct of election, without notification - Held, it is a breach of provisions of Ss.25 and 56 of the Act of 1951 read with Rule 15 of Rules of 1961...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 8(3) -- Allotment of panchayat land - Petitioner seeking allotment of land under Rule 6-A of the Punjab Village Common Lands (Regulation) Haryana Amendment Rules, 2008 read with East Punjab Utilisation of Lands Act, 1949, as per resolution of Gram Panchayat dated 1.9.1963 - Petitioner not in cultivating possession..........
Criminal Procedure Code, 1973, Section 313 -- Accused cannot be convicted solely on the basis of his statement u/s 313 Cr.P.C. as it is not a substantive piece of evidence - Such statement can be used only for corroboration of prosecution case - Statement of accused recorded u/s 313 Cr.P.C. has to be read as a whole...........
Indian Penal Code, 1860, Section 304 -- Common intention - Accused along with appellants allegedly killed by giving stick and stone blows - Fatal injuries attributed to accused - Incident took place at the spur of moment - Appellants came at the spot per chance causing one injury each to the deceased by pelting stones - Held, appellants cannot be said to have shared common..........
Prevention of Corruption Act, 1947, Section 5(1)(d), 5(2) -- Reduction in sentence - Accused convicted u/s 5(1)(d) read with S.5(2) of Prevention of Corruption Act, 1947 and sentenced to undergo one year R.I. which was reduced to six months with fine by High Court - Accused 70 years of age and suffering from multiple ailments - Incident more than 23 years old - Accused..........
Indian Penal Code, 1860, Section 304 -- Part II - Nature of offence - Accused voluntarily taking the deceased to hospital and donated his own blood to save his life and also informed father of deceased about his health conditions - Held, these are the mitigating circumstances in favour of accused to show that in spite of fact that offence was committed but there was no..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13B -- Appeal against order of eviction and order of imposing penalty - Waiving condition of depositing penalty - Held, there is no indication in the proviso, that jurisdiction of appellate Judge is excluded altogether to waive the penalty and thus, the inherent rights of the appellate Judge to waive the condition..........
