Criminal Procedure Code, 1973, Section 372, Indian Penal Code, 1860, Section 324, 504, 506 -- Private complaint - Conviction - Sentence - Enhancement sought by complainant by filing appeal - Lower appellate Court has entertained and decided the same - Held, lower appellate Court has exceeded its jurisdiction - After 2009 appeal for enhancement of sentence could have been..........
Prisoners (Attendance in Courts) Act, 1955, Section 3, 6, Criminal Procedure Code, 1973, Section 267, 269, Constitution of India, 1950, Article 226 -- Continuous detention - Writ of habeas corpus - Grant of bail - Release of detenu on execution of sureties - Release order sent by concerned Magistrate for his release reached prison - There is absolutely no other judicial..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of a party - In case a person make any right or interest in the property, he is liable to be made a party in the suit - In present case, respondent No.3 asserted that property in dispute has become his property - This right he claims on the basis of a will - Impleadment application, therefore, had been rightly..........
Civil Procedure Code, 1908, Section 115, Order 37, Rule 5 -- Summary suit - Order of rejection of defendant's prayer for defending his suit - Held, revision would lie against such order of rejection...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1, Constitution of India, 1950, Article 136 -- Special leave to appeal - Review - Doctrine of merger - Held, jurisdiction, conferred by Art.136 of the Constitution, is divisible into two stages - First stage is up to disposal of prayer for special leave to file an appeal - Second stage commences if and when leave to..........
Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Temporary order - Passing off - Basic ingredients, use of the drugs, effect, performance and price of the drugs are different - Trial Court prima facie observed that there are no such similarities in both the drugs, namely ACUCAL and ACICAL so that any confusion is likely to arise either in the mind of a Chemist or..........
Criminal Procedure Code, 1973, Section 389, 432, Rajasthan Prisoners Release on Parole Rules, 1958, Rule 1(c), 3 -- Suspension of sentence - Release on parole - Powers of judiciary & executive - Held, powers assumed to itself by State Government under the parole rules cannot be exercised so long as an appeal by a convicted person is pending and judicial function is not..........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Default in payment - Sentence of imprisonment - It is not discernible from impugned order as to what was period of arrears covered by concerned application, whether application was filed within time and, if not, whether there was any reason for condoning delay in filing application by virtue of any provision of..........
Civil Procedure Code, 1908, Order 9, Rule 3, 4 -- Suit for permanent injunction - Neither party present - Dismissal for default - Restoration - Requirement of issuance of notice - Held, where a suit has been dismissed because neither party has appeared when case was called for hearing, the order may be set aside without notice - In present case dismissal was in absence of..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Non-substitution of legal heirs - Abatement - Neither any application for setting aside the abatement was submitted by heirs of the sole plaintiff nor any application to condone the delay has been submitted - Trial Court below straightway permitted the heirs of original plaintiff to be brought on record - Held, unless and..........
