Criminal Procedure Code, 1973, Section 482, 197, Indian Penal Code, 1860, Section 166, 418, 120B -- Quashing of proceedings - Averments made in the complaint petition if taken at its face value and is accepted to be true, no offence u/ss 166, 418 and 120-B of the Indian Penal Code is made out against petitioners - Moreover, petitioners are Public Servant and belong to..........
Criminal Procedure Code, 1973, Section 145, 146, 107, 116, 482 -- Quashing of proceedings initiated u/s 145 - Dispute over house between parties - Proceedings u/ss 107/116 already in existence - Prior to filing of application u/s 145 CrPC, civil suit was already pending in Civil Court between parties regarding same property and before initiation of proceedings u/s 145..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - Physical relations established by promising that if anything unusual happens in future he will take care - Prosecutrix when conceived, accused refused to marry her and held out a threat if any adverse action is taken - Prosecutrix nowhere stated before or at the time of establishing..........
Civil Procedure Code, 1908, Order 6, Rule 1,2 -- Pleadings - Possession in question - Whenever pleadings and documents establish title to a particular property and possession is in question, it will be for the person in possession to give sufficiently detailed pleadings, particulars and documents to support his claim in order to continue in possession...........
Civil Procedure Code, 1908, Order 39, Rule 1,2 -- Injunction - Safeguards - (i) Safe and better course is to give a short notice on injunction application and pass an appropriate order after hearing both the sides; (ii) in case of grave urgency, if it becomes imperative to grant an ex parte ad interim injunction, it should be granted for a specified period and (a) Court..........
Criminal Procedure Code, 1973, Section 198(1), Indian Penal Code, 1860, Section 494 -- Bigamy - Conviction - Validity - Wife filed complaint u/s. 494 IPC against husband on ground that he contracted second marriage during her life time - Magistrate invoking power u/s.156 Cr.P.C. and forwarded said complaint to police for doing needful in accordance with law - Police..........
Civil Procedure Code, 1908, Section 9, East Punjab Urban Rent Restriction Act, 1949 - - Arrears of rent - Determination of - Jurisdiction of Civil Court - Held, Civil Court is the only Court of competent jurisdiction to determine the rate of rent as well as to pass decree for recovery of arrears of rent - Rent Controller under Rent Control Act cannot even pass order or..........
Criminal Procedure Code, 1973, Section 401 -- Order of acquittal - Revisional power of High Court - Held, High Court has very limited revisional power particularly in the cases of revision by a private person against order of acquittal and in such cases where the State has not filed any appeal against order of learned Sessions Judge...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 499, 500, 501, 502, 34, 5, 7 - - Defamation - Quashing of complaint - Prosecution of Chairperson and Managing Director of publication company - No specific averments in complaint against them - Allegations made by complainant are prima facie vague and based on presumptions - Held, in absence of..........
Criminal Procedure Code, 1973, Section 190, Prevention of Corruption Act, 1988, Section 19(3) -- Cases under P.C.Act - Stay of proceedings - Power of court - Held, in view of law laid down by Apex Court as well as the statutory provisions contained u/s 19(3) of P.C. Act, 1988, it is clear that no Court, whether it is Subordinate Court or Superior Court can pass an order of..........
