Criminal Procedure Code, 1973, Section 2(wa) -- Victim - Expression includes the guardian or legal heir - Means direct sufferer of physical harm, as well as direct sufferer of emotional harm i.e near and dear ones of victim simplicitor - Consequently, spouse, parents, children and siblings of a deceased victim of a crime automatically fall within definition in S.2(wa)..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Non-obtaining sanction u/s 197 Cr.P.C. and defective obtaining of sanction u/s 19 of P.C. Act are serious legal flaws in prosecution case and each one is sufficient to vitiate the trial...........
Criminal Procedure Code, 1973, Section 164 -- Statement u/s 164 Cr.P.C. - Second statement - Permissibility - A witness of his own has no right to approach Magistrate to record his statement u/s 164 Cr.P.C - Magistrate is not under legal obligation to record the statement of such witness u/s 164 Cr.P.C., when investigation in a criminal offence is going on - Only a police..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Preliminary issue - Legal issue on maintainability aspect of suit - To avoid unnecessary legal exercise, Court should first decide maintainability issue because if this issue is decided against plaintiff, there would be no occasion for Court to consider evidence and decide other issues...........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Eviction suit - Maintainability - All the legal heirs of original tenant are covered under the expression `tenant' and their no, impleadment would consequently be fatal for eviction suit - Suit, held, not maintainable...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of subsequent purchaser - Suit for specific performance - Vendor ex parte in the suit - Subsequent purchasers of suit property can be allowed to come on record, though they failed to explain the reason for filing the application belatedly as their legal rights in suit property would be affected in case decree..........
Agreement to sell -- Ready and willing - Pleading that plaintiff is ready and willing to perform his part of contract - However, it was not pleaded that `plaintiff has been and still is ready and willing' - Held, plaintiff has not complied with the legal requirement which is mandatory as provided u/s 16(c) of Specific Relief Act. (Specific Relief Act, 1963, S.16(c), Civil..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Plea of husband that he has no means to pay as he does not have a job cannot be accepted if husband is healthy, able bodied and is in a position to support himself - He is under legal obligation to support his wife as wife's right to receive maintenance u/s 125 Cr.P.C., unless disqualified, is an absolute..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- L.R's - Substitution on the basis of Will - Will found to be forged - Applicant having failed to prove Will, not entitled to continue suit as legal representative...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Denial by other party - If Court finds that compromise has been signed by both parties and one of the parties was resiling from the same, he shall set out the legal justification for the same and Court is bound to record the finding as to whether compromise is true or not - If compromise was true, there is no way..........
