Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 452, 323, 506 -- Summoning order - Quashing of - Dispute between husband and wife because of which proceeding u/s 498-A IPC and 125 CrPC was initiated by wife against her husband and entire family - Wife has not deposed against two applicants i.e. "Jeth" and "Devar" at any earlier point of time -..........
Criminal Procedure Code, 1973, Section 239, 240, 173 -- Discharge - Application rejected - Magistrate not considered any document or material forwarded by police nor referred to contentions raised nor applied his mind - Discharge can be even before commencement, this factor overlooked by Magistrate - Order suffers from vice of no, application of mind - Order quashed...........
Arbitration and Conciliation Act, 1996, Section 7(3) -- Criminal proceedings - Arbitration agreement - Permissibility of - Held, even in a situation where there are express provisions allowing the Court to resort to arbitration under the Civil Procedure Code, the Supreme Court held that the provisions of Arbitration Act, cannot be in any way diluted for referring a matter..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Set aside after condoning delay - Propriety - No separate application for condonation of delay filed - But grounds have been made praying condonation of delay and affidavit also filed explaining reasons for delay - Held, once Court exercised discretion in positive manner,..........
Criminal Procedure Code, 1973, Section 438 -- Order granting anticipatory bail - When become operative - Held, an order of anticipatory bail becomes operative and effective at the very moment of arrest...........
Indian Penal Code, 1860, Section 308, 34, Criminal Procedure Code, 1973, Section 357 -- Conviction - Award of compensation - Injured received contusion, lacerated wound and abrasion on left face right eye-brow and right wrist and fracture in left jaw - Conviction by trial Court - Appeal thereagainst - Held, prayer for imprisonment for period already undergone allowed -..........
Indian Penal Code, 1860, Section 406, 420, Criminal Procedure Code, 1973, Section 200, 202 -- Breach of contract/cheating/criminal breach of trust - There is very thin difference between a case of breach of contract and a case of cheating/criminal breach of trust - A mere breach of contract is not, necessarily cheating - A mere refusal to repay money or carry on the firm..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21(5) -- Amendment of plaint - Suit for specific performance - Earlier application filed seeking to implead subsequent buyer of property was allowed - Application for amendment has now been filed seeking alternative relief of refund of earnest money along with interest - Contention of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Grant of - Plaintiff filed a suit seeking a decree of permanent injunction - Interim injunction sought was refused by Trial Court - Legality of - Held, Trial Judge failed to appreciate that appellant had been able to make out a prima facie case and that balance of convenience and inconvenience also..........
Criminal Procedure Code, 1973, Section 97, 482, Indian Penal Code, 1860, Section 342, 44 -- Wrongful confinement - Proceedings u/s 97 CrPC - Quashing - As per petition/complaint, daughter of opposite party No.2 had been snatched away by husband and others from her custody - Held, so long, the issue is not resolved by a Civil Court, wife is competent to take recourse to..........
