Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Registered sale deed in favour of original applicant was executed prior to institution of suit - In such circumstances, essential condition for invoking attachment before judgment U.O.38.R.5 CPC that property belongs to defendant on the date of institution of suit is absent - Plaintiff's remedy,..........
Civil Procedure Code, 1908, Order 38, Rule 8, Civil Procedure Code, 1908, Order 21, Rule 58 -- Attachment before judgment - Any claim U.O.38.R.8 r/w O.21.R.58 CPC must be adjudicated recognizing protective and procedural nature of attachment before judgment without prejudicing pre-existing rights of bona fide third parties...........
Civil Procedure Code, 1908, Order 38, Rule 8, Transfer of Property Act, 1882, Section 53 -- Attachment before judgment - Determination of whether sale deed is fraudulent is exclusively governed by S.53 of T.P Act and claim petition procedure O.38.R.8 CPC cannot substitute or override statutory safeguards and requirements of such substantive proceedings...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application U.O.41.R.27 CPC has to be decided along with appeal - Matter remanded back to appellate Court to decide the appeal afresh after adjudicating application U.O.41.R.27 CPC...........
Civil Procedure Code, 1908, Order 41, Rule 31, 27 -- Judgment of First appellate Court - Points for determination not framed by first appellate Court - Even, application filed U.O.41.R.27 CPC not decided on merits and by leaving said application, first appellate Court pronounced judgment in first appeal - First appeal has been decided in an unsatisfactory manner - Judgment..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Production of documents - Case fixed for arguments - Documents in question are statement of account being maintained by public bank in usual course of its business - Documents are necessary in order to prove transactions between parties for showing existing..........
Criminal Procedure Code, 1973, Section 311 -- Given up witness - Witness whose name was already found mentioned in the list of witnesses and was given up, has been sought to be examined - No new witness has been introduced by prosecution - Witness sought is not a private witness who could have been subsequently created and he is going to prove some public document only -..........
Indian Penal Code, 1860, Section 304B -- Dowry demand - Demand made for gold ornaments at the time of a customary ceremony performed when a male child was born to couple cannot be considered to be a dowry demand, as it is not connected with marriage of said parties...........
Indian Penal Code, 1860, Section 304B -- Dowry demand - Dowry demand within the meaning and scope of 304-B IPC should be any property or security given or agreed to be given in connection with marriage...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Sentence - Sessions Court imposed sentence of 1 year R.I. only u/s 498-A IPC and a fine of Rs.100 - Appellant has undergone R.I. for five months longer than what has been imposed on him u/s 498-A IPC - Since his incarceration has been much more than what had been imposed by Sessions Court and was affirmed by High Court, it..........
