Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for mandatory injunction - If suit property itself is stated to be a passage of any nomenclature or kind, then any person having property abutting to suit land has a right to dispute the attempt of plaintiffs and to show the same to be public street and any such person has to be taken as a proper..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for mandatory injunction - Suit property pertains to a passage/street which plaintiffs claim to be their exclusive street - Whereas, original defendant and added defendants both are claiming said street to be a public passage - Although said question is a matter to be decided by trial Court on..........
Civil Procedure Code, 1908, Section 92 -- Public trust - Hospital - Trust run as a private family Trust by ignoring object of trust - Plaintiff prayed for framing of a proper scheme of administration and for appointing trustees from medical profession - If in respect of a trust which had set up a hospital, a request is made for framing of a proper scope of administration..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 43 -- Recovery of 75 kg Poppy husk - Secret information - Accused were present in a jeep on a public path - Therefore, provisions of S.43 of the Act and not S.42 of the Act come into play...........
Prevention of Corruption Act, 1988, Section 19, 13(1)(d), 13(2), Indian Penal Code, 1860, Section 409, 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Retired public servant - No sanction is required to prosecute a public servant who has ceased to hold office when prosecution is for offences under P.C Act...........
Criminal Procedure Code, 1973, Section 439, 436A, Prevention of Money Laundering Act, 2002, Section 4 -- Bail - Offence u/s 4 of PML Act - Accused is responsible for acts and affairs of company as chairman of Company who planned and designed illegal schemes to mobilize deposits from innocent investors including deposits under scheme of issue of debenture with false..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 323, 341, 392 -- Sanction for prosecution - Public servant - Police constable slapped complainant and his money was snatched - Said act of police officer cannot be considered to be an act done in official discharge of his duty - Police officer not entitled to protection u/s 197 Cr.P.C...........
Specific Relief Act, 1963, Section 20, 22 -- Suit for specific performance of contract for sale - Challenge - Property subsequently sold to defendant no. 2 - As per sale agreement between plaintiff/appellant and defendant no alienation could be made till 3 years - Plaintiff filed suit without seeking possession from 2nd defendant on ground that since property was sold..........
Criminal Procedure Code, 1973, Section 133 -- Public nuisance - Issuance of conditional order u/s 133(1)(a), (i) Cr.P.C - If an area is affected by traffic problem due to uncontrolled parking in a building premises, S.133(1)(a) or S.133(1)(b) Cr.P.C cannot be invoked by District Magistrate...........
Criminal Procedure Code, 1973, Section 133 -- Public nuisance - Issuance of conditional order u/s 133(1)(a), (i) Cr.P.C - District Magistrate cannot invoke S.133(1)(a) Cr.P.C to shut down a business, under the guise of removing obstruction or nuisance...........
