Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Jurisdiction u/s 100 CPC is to be exercised only when Court is convinced that dispute involves substantial question of law and in the absence of same proceedings rendered as patently illegal...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Notwithstanding deletion of O.18.R.17-A CPC, Court has inherent powers to permit parties to lead additional evidence on such terms as may appear to be just...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 220 -- Dishonour of cheque - Issuance of two cheques on purchase of product on credit - Two notices issued but single complaint filed - Offences that are committed as part of the same transaction can be tried jointly as per law laid down by Supreme Court wherein it is held that where..........
Protection of Children from Sexual Offences Act, 2012, Section 5(n), 6, 5(1) -- Aggravated sexual assault - Accused sentenced to life imprisonment for each of offences - However, order to run life sentences one after the another is not desirable - Sentences directed to run concurrently and period of sentence already undergone by accused is ordered to be set off u/s 428..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376(2)(n) -- Bail - Kidnapping and rape - Prosecutrix was only 16 years of age at the time of incident - She was found to be pregnant on her medical examination being conducted - Prosecutrix and her father have supported the case of prosecution - Prosecutrix who was a minor at the time..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376(2)(n) -- Bail - Kidnapping and rape - Prosecutrix was only 16 years of age at the time of incident - She was found to be pregnant on her medical examination being conducted - Prosecutrix and her father have supported the case of prosecution - Prosecutrix who was a minor at the time..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration that plaintiff is co-owner of suit property - Plaintiff produced all payments receipts which proves the payment of money by him before sale deed - Defendant on the other hand not mentioned about payments made by him as alleged in written statement - Plaintiff rightly held to be co-owner of suit..........
Criminal Procedure Code, 1973, Section 82, 83 -- Proclamation - Guidelines issued by High Court vide its impugned order with respect to manner of issuing proclamations u/ss 82, 83 Cr.P.C is set aside, as High Court has inadvertently or otherwise entirely overlooked Form 5 and 6 and important provisions of Cr.P.C i.e Ss.83, 174-A IPC...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 395, 386, 365, 342, 506 -- Quashing of FIR - Offence u/ss 395, 386, 365, 342, 506 IPC - FIR lodged after a period of almost two years from the alleged incident that too without specifying any date and time of alleged incident - Entire case put up by informant on the face of it appears to be..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 342, 386, 504, 506 -- Cheating - Quashing of proceedings - FIR in question came to be lodged after a period of 14 years from alleged illegal acts of accused - No specific time and date of alleged offences disclosed in FIR - Entire case put up by complainant on the face of it appears to be concocted and fabricated -..........
