Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 3, 4, Indian Penal Code, 1860, Section 324, 34 -- Conviction u/ss 324 r/w S.34 IPC - Pre-exiting enmity between two families - Two convicts women and they not having any criminal record or previous conviction - Having regard to their age, character and antecedents and the circumstances in..........
Criminal Procedure Code, 1973, Section 145, 482 -- Proceedings u/s 145 Cr.P.C. - Dropping of - Legality of - Executive Magistrate dropped the proceeding u/s 145 of Cr.P.C. only on the basis of police report which only recorded statement/stand of opposite party-respondent and also that no opportunity was given to present petitioner to put up his case - Held, impugned order..........
Criminal Procedure Code, 1973, Section 127 -- Maintenance - Enhancement - Court enhanced maintenance from Rs.200/- to Rs.1, 000/- per month - None of the parties led evidence - Order enhancing maintenance set aside - Matter remitted back for decision afresh after affording opportunity to parties to lead evidence...........
Hindu Marriage Act, 1955, Section 24, Civil Procedure Code, 1908, Order 21, Rule 37 -- Maintenance pendente lite - Execution petition - Arrest and detention - Procedure prescribed is to be followed - Scope of enquiry is as to the means, possessed by J.D. and his disinclination to pay the decretal amount - Order of detention set aside as prescribed procedure not followed...........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 342 -- Kidnapping and rape - Prosecutrix gave details about her minority and the manner she was induced and subjected to sexual intercourse - Held, it cannot be said to be case of no evidence - Accused has to be examined u/s 342 and confronted with the statement of prosecutrix - While recording statement of accused..........
Civil Procedure Code, 1908, Section 151, 152, 153, Order 6, Rule 17 -- Plaint - Amendment of description of suit property and consequential error in judgment and decree - In the absence of any other remedy, application u/ss 151, 152 and 153 of the Code is proper and maintainable - Order allowing application to amend the plaint, upheld...........
Civil Procedure Code, 1908, Section 151 -- Consolidation of suits - Court by exercise of its inherent power can order consolidation of suits - Consolidation of suits may be directed in order to avoid conflicting judgments and to save valuable time, energy and money by clubbing the cases involving common question together...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining further construction - Construction of considerable magnitude already made - Entire amount under the agreement already made - Plaintiff not to suffer any substantial injunction if injunction is not granted - If ultimately suit is decreed plaintiff can be compensated in damages or..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Plaintiff and defendant purchasing land comprising khasra numbers which were still joint and not yet partitioned by co-sharers - Held, even if the parties purchased the property by specific khasra numbers and boundaries, it cannot be said that they were in exclusive possession of any..........
Criminal Procedure Code, 1973, Section 389(1) -- Stay of conviction - Power of appellate court - Held, appellate court is duly empowered u/s 389(1) to grant stay of conviction but only in an "exceptional case" where "the ramification and the consequences" are such which may justify exercise of such authority - Such power is not to be casually exercised and it is necessary..........
