Criminal Procedure Code, 1973, Section 482 -- Criminal proceedings - Quashing of - Petitioners alleged to have physically evicted complainant-encroacher from temple premises pursuant to order for eviction - Held, taking steps for physically evicting respondent is not an offence since it is in accordance with provisions of the Endowments Act - Further, there is a..........
Criminal Procedure Code, 1973, Section 441, 445 -- Release of accused on bail - State Govt. passed Notification containing direction that verification of sureties should be done by Tehsildar - Procedure of verification of sureties by Tehsildar consuming long time, thereby resulting in delay of release of accused from jail, though given concession of bail - Held, Magistrate..........
Prevention of Food Adulteration Act, 1954, Section 7, 16, Prevention of Food Adulteration Rules, 1955, Rule 50, Criminal Procedure Code, 1973, Section 378 -- Sale of adulterated Paneer - Appeal against acquittal - PW1 never stated before Court that seized Paneer was meant for sale to public - Report of Public Analyst showing fat contents to be 40.45% whereas report of..........
Civil Procedure Code, 1908, Order 10, Rule 1A -- Non-appearance of both plaintiffs and defendants - Dismissal of suit without recording any reason - Legality of - Held, in terms of O.10.R.1-A CPC, Court is required to direct parties to appear in person after recording admissions and denials U.O.10.R.1 CPC to opt for either mode of settlement outside Court - Provisions have..........
Criminal Procedure Code, 1973, Section 164 -- Confession - Principles governing - (i) The provisions of Section 164 Cr.P.C. must be complied with not only in form, but in essence; (ii) Before proceeding to record the confessional statement, a searching enquiry must be made from the accused as to the custody from which he was produced and the treatment he had been receiving..........
Civil Procedure Code, 1908, Order 60(1)(c) -- Execution proceedings - Attachment of property - Exemption to agricultural labourers - Held, executing court held that judgment-debtor admitted that he is a tailor and that he is not entitled to benefits of S.60(1)(c) CPC - This is neither patently nor evident on record - Held, patently, the judgment-debtor is an agricultural..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Absence of complainant - Dismissal of claim - Legality of - Held, Magistrate has to exercise power u/s 256 of Cr.P.C., only when presence of complainant was imminent - As far as this case is concerned, there was no complainant since he was dead - Magistrate..........
Criminal Procedure Code, 1973, Section 227 -- Complainant allegedly suffered lacerated wound on right side of his forehead, suffered dislocation of his shoulders apart from blunt injuries which were grievous in nature - Weapon of offence used cricket wicket which could have caused death - Evidence of past history of enmity between parties - Held, it is not a case of grave..........
Criminal Procedure Code, 1973, Section 482, Mines and Minerals (Regulation and Development) Act, 1957, Section 21, Indian Penal Code, 1860, Section 467, 420 -- Quashing of order sought vide which cognizance of offence taken u/s 21 of MMDR Act, 1957 and u/s 420 and 467 of IPC - Allegations that challan earlier issued by Mining Department for transportation of iron ore were..........
Civil Procedure Code, 1908, Order 21, Rule 90, 92 -- Execution sale - Application to set aside sale - Not pressed - Effect of - Held, as per R.92 unless an application made u/r 89 or 90 or 91 is disallowed, Court shall not make an order confirming the sale - Said rule nowhere mentions the fate of an application which has not been pressed - Hence, Court has to first decide..........
