Prevention of Food Adulteration Act, 1954, Section 2, 7, Criminal Procedure Code, 1973, Section 482 -- Analysis of sample - Delay in sending - Quashing of proceedings - Sample of packaged drinking water is found to be contaminated with Coliform Bacteria - Local Health Authority sent notice to petitioners notifying that they can get sample analyzed from Central Food..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Suit for specific performance - Two cheques referred in the plaint and examination-in-chief affidavit but inadvertently the same could not be placed on record - Even defendant did not take notice of the said omission - Order allowing application, upheld...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10 -- Amendment of plaint - Impleadment of vendees - It came to notice of petitioner/plaintiff from written statement that land has already been sold - Immediately thereafter, petitioner moved an application for amendment of plaint and impleadment of vendees - Held, application for..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - By subsequent purchaser who have purchased the land during pendency of suit despite status quo order - Principle of lis pendens applies - They cannot be considered as bona fide purchasers as pendency of suit itself operates as constructive notice - Held, objections not maintainable...........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Accused not given mandatory period of 30 days to appear after publication of notice - Mere fact that Court adjourned it after the period of 30 days will not be treated as compliance of the provision of S.82(1) of the Code...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complainant - Quashing of - Neither copy of notice as required under law has been given nor any documents have been filed indicating that such notice has ever been issued to petitioner - Held, merely making a bald statement in complaint without giving any..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application filed within 30 days of receipt of certified copy - Knowledge of ex parte decree 11th Sep. - Applied for copy on 12th Sep. - Date fixed for supply of copy 13th Sep. - Copy not ready on that date - Copy ready on 18th Sep. - No notice that copy is ready given - Copy received on 25th..........
Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 1, Rule 8(4) -- Withdrawal of suit - Representative suit filed U.O.1.R.8(4) CPC - Court cannot permit withdrawal of suit without giving notice of application to all the persons interested in the suit - Order allowing withdrawal of suit without complying with the mandatory provision set aside...........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 498A, 406 -- Anticipatory bail - Offence u/ss 498-A, 406 IPC - Notice of motion issued and in the meantime interim bail granted - Accused joined investigation - Interim bail made absolute...........
Civil Procedure Code, 1908, Section 80 -- Notice - Validity - Suit on the basis of lease deed - However, there was no mention of lease deed in the notice - Notice is not a valid notice - Filing of lease deed in the suit does not cure the defect in notice...........