Criminal Procedure Code, 1973, Section 145 -- Petitioner-s possession of the property in dispute admitted - His dispossession by respondent also admitted - Petitioner dispossessed on 12.8.1999, moved an application to the police on 13.9.1999, which was received on that very date by the Court below - Held that under these circumstances, it was necessary for the Court below..........
Criminal Procedure Code, 1973, Section 438 -- Excise Act, 1914, Section 61 - Anticipatory bail - No incriminating circumstance qua petitioner-accused No.2 brought to the notice of the Court - His prayer for pre-arrest bail allowed - Involvement of petitioner-accused No.1 prima facie spelled out on record - Bail application qua him rejected...........
Criminal Procedure Code, 1973, Section 209 -- Charge u/s 307 IPC - Death of victim after a month - Supplementary charge-sheet u/s 302 IPC filed and cognizance of offence taken - Held, cognizance is not taken on a particular section of offence or a particular accused - Any subsequent addition or deletion in section and of accused can be made subsequent to taking cognizance...........
Criminal Procedure Code, 1973, Section 438,70(2) -- Anticipatory bail - On a private complaint process issued against petitioner under Section 448,506 and 313 IPC in which his application for exemption u/s 317 Cr.P.C. rejected and non bailable warrants issued - Held that provisions of Section 438 Cr.P.C. not applicable in the case - The petitioner can seek recall of the..........
Criminal Procedure Code, 1973, Section 145 -- Proceedings can be initiated under the provision only when there is apprehension of breach of peace on a dispute of land or water or the boundary thereof - Dispute without apprehension of breach of peace does not give jurisdiction to the Magistrate to initiate proceedings under Section 145, Cr.P.C. to adjudicate the claim of..........
Criminal Procedure Code, 1973, Section 468 -- Haryana Development and Regulation of Urban Areas Act, 1975, Sections 3(i) and 10 - Cognizance of offences - Limitation - Quashing of FIR - FIR registered on 8.11.1983 for violation of provisions of Clause (i) of Section 3 of the 1975 Act - Challan submitted on 11.11.1986 - Delay not explained - Continuation of proceedings..........
Civil Procedure Code, 1908, Section 115 -- sub-section (1) as amended by Section 32(2)(i) of Amendment Act 1999 and Order 26 Rule 9 - Appointment or refusal to appoint Local Commissioner - Does not finally dispose of suit - Proviso disentitles revision petitioner to any relief...........
Registration Act, 1908, Section 17(1)(vi) -- Decree passed on the basis of admission in written statement of alleged family settlement - Does not require registration - Court given declaration of pre - existing rights in favour of plaintiffs which were created in their favour by virtue of family settlement which had taken place prior to filing of suit - Registration of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction in a suit for declaration that orders for restoration of Khal for two crops of Sub Divisional Canal Officer and Divisional Canal Officer illegal, null, void and without jurisdiction - Orders passed after Sub Divisional Canal Officer visited the spot and verified the averments and relief granted for two..........
Criminal Procedure Code, 1973, Section 439 -- Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 - Bail - Search and seizure - Recovery of 14 bags containing total 490 Kgs of poppy husk lying along side wall of the drawing room - Petitioner alongwith another person found sitting on the cot in the same room - Recovery made is commercial quantity in terms of..........
