Civil Procedure Code, 1908, Section 9 -- Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 - Ejectment petition - Jurisdiction of Civil Court - Dismissal of suit for possession by way of ejectment by trial Court holding that the suit was not maintainable as during the pendency of the suit, Rent Act became applicable to Panchkula town and Civil Court had no..........
Indian Penal Code, 1860, Section 364A -- Abduction for ransom - This fact told to victim and he was even conveyed the amount to be paid - Merely because demand was not conveyed to the person who was to pay for the victim would not take out the offence out of the purview of Section 364-A - It is not relevant who pays the ransom - Demand made by conveying it to the victim -..........
Civil Procedure Code, 1908, Order 21, Rule 58(3) -- Attachment of property - Claim or objection as to - Appeal - Maintainability - Held that against orders passed under Rule 58(3) and Rule 98 and 100 or Order 21 CPC, regular appeals under Section 96 and not miscellaneous appeals under Section 104 read with Order 43, Rule 1 CPC are maintainable...........
Civil Procedure Code, 1908, Order 21, Rule 58(3), 98, 100 -- Second appeal - A second appeal under Section 100 CPC is maintainable against an order passed in an appeal arising out of order passed under Rule 58(3) or Rules 98 and 100 of Order 21 CPC...........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 293(4) -- Gun shot - Report of FSL signed by Junior Scientific Officer (Ballistic) - A Junior Scientific Officer is an officer enumerated in Section 293(4) - Court to accept the document without examining the author...........
Criminal Procedure Code, 1973, Section 438, Railways Property (Unlawful Possession) Act, 1966, Section 8 -- Section 8 - Anticipatory Bail - Maintainability of anticipatory bail for offences under 1966 Act - All offences u/s 8 of 1966 Act are not bailable - Since all offences are not bailable - Application for anticipatory bail is maintainable...........
Criminal Procedure Code, 1973, Section 200, 201, 202, 203, 204 -- Complaint - Summoning order - Recall - After issuance of summons, an application by an accused u/s 203 Cr.P.C. for recall of summoning order is impermissible because by then S.203 is already over and Magistrate has proceeded further to Section 204 stage...........
Criminal Procedure Code, 1973, Section 228, 240 -- Mentioning of wrong section in charge - Accused not handicapped from meeting the case against him or otherwise suffered any prejudice - Trial and conviction cannot be set aside...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court while exercising power under Section 100 CPC would not undertake the task of re-appreciation of evidence and record findings different than those recorded by the Appellate Court merely because another view is a possible view...........
Indian Penal Code, 1860, Section 34 -- Common intention - To bring home the charge of common intention, the prosecution has to establish by evidence, whether direct or circumstantial, that there was plan or meeting of mind of all the accused persons to commit the offence for which they are charged with the aid of Section 34, be it pre-arranged or on the spur of moment; but..........
