Civil Procedure Code, 1908, Order 3, Rule 2 -- Evidence Act, Section 118 - Right of holder of power-of-attorney to prove transaction - Power-of-attorney holder present when transaction had taken place i.e. pronote and receipt executed - Competent to depose regarding execution of pronote and receipt as well as receipt of money - Plea that holder of power-of-attorney cannot..........
Criminal Procedure Code, 1973, Section 133(I)(ii),138 -- Modification/alteration of order - It is permissible to read into Sections 133(1) (ii) and 138 a power to modify/alter an earlier final order passed under Section 138 if the necessary circumstances are established satisfactorily...........
Criminal Procedure Code, 1973, Section 464, Penal Code, 1860, Section 302,34 -- Framing of charge - Error in framing of charge - Murder - Common intention - Appreciation of evidence - Evidence available on record showing concerted action by reason of simultaneous conscious mind of persons participating in the action to bring about the death of the deceased - This piece of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction against Gram Panchayat in a suit for permanent injunction - Land in dispute Shamilat Deh within meaning of Section 2(g) Punjab Village Common Lands (Regulation) Act and vests in Gram Panchayat - Plaintiffs-residents of the village not entitled to grant of any interim injunction - Punjab Village Common..........
Criminal Procedure Code, 1973, Section 468, Penal Code, 1860, Section 406 -- r/w 109 - Cognizance of Offences - Limitation - Quashing of complaint - No explanation rendered as to why the complainant waited for a period of about seven years for filing the complaint - Period of limitation for offence u/s 406 r/w 109 IPC has to be counted after the expiry of period of three..........
Civil Procedure Code, 1908, Section 2(2) -- Decree based on family settlement - Not required to be compulsorily registered - Registration Act, Section 17(2)(vi)...........
Civil Procedure Code, 1908, Section 2(2) -- Consent decree - Claim of plaintiff admitted by defendant, decree passed on the basis of admission and no fraud in passing the decree - Decree good and valid - Cannot be ignored on the ground that same not registered - Bachan Singh's case 2002 (1) PLJ 59 SC Followed - Registration Act, Section 17(2)(vi)...........
Opium Act, 1878, Section 9(a), Criminal Procedure Code, 1973, Section 297(2) -- Criminal - Punjab and Haryana High Court Rules and Orders, Volume-V, Chapter 12-B - Search and seizure - Link evidence - Affidavit - Recovery of 6 kgs. 500 gms of Opium from petitioner-s possession - Verification in the two affidavits relied upon by the prosecution not in conformity with..........
Criminal Procedure Code, 1973, Section 218, 220 -- Section 218 Provisio - Consolidation of criminal cases - Offences tried before different Magistrates - Defrauding of different people - Each offence is distinct one - Criminal cases cannot be transferred to be tried in a Single Court...........
Criminal Procedure Code, 1973, Section 357 -- Recovery suit - Compensation - Suit for recovery filed by plaintiffs (widow and minor daughter respectively of deceased) alleging that they were entitled for compensation by way of damages to the extent of Rs.3 lacs from the defendants on account of murder of deceased - Plea of defendants that in view of Section 357 of Cr.P.C.,..........
