Criminal Procedure Code, 1973, Section 406 -- Transfer of case - Murder of three persons committed in Manipur State - Case investigated by CBI - Case transferred from Manipur to Delhi as there is apprehension of social unrest and communal tension between two communities, possibility of physical attack on accused, risk of intimidation of the witnesses, CBI arranged for..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Appeal against conviction - Bail granted during pendency of appeal - Stay of 50% of compensation amount of Rs.1.50 lakhs ordered - Order modified - On deposit of 1/3 amount of compensation recovery of the remaining amount of compensation (Rs.1, 00, 000/-)..........
Criminal Procedure Code, 1973, Section 137, 133, 138 -- Public pathway - Encroachment - Existence of public pathway denied - Magistrate is obliged to enquire into the existence of public pathway - If it is found that denial plea is supported with any reliable evidence, Magistrate has to stay the proceedings of the case until the matter of existence of public right of way..........
Constitution of India, 1950, Article 226, 134 -- Writ petition - Investigation sought in deaths in fake police encounter - Team of higher police officers constituted for the purpose of carrying out the investigations - Meanwhile Magistrate made inquiry u/s 176 Cr.P.C. and submitted report stating that the deaths were in fake police encounter - High Court stayed operation..........
Civil Procedure Code, 1908, Section 151 -- Possession delivered in pursuance of a decree for specific performance and execution of sale deed - J.D. filed injunction suit and obtained interim order to maintain status quo in respect of suit property - Stay order granted and extended from time to time - However, order of status quo was not in existence on the date of issue of..........
Criminal Procedure Code, 1973, Section 439, Foreigners Order, 1948, Section 3 -- Foreigners Act, 1946 - Foreign national - Found without any valid passport and visa - Magistrate granted bail - Order of bail set aside - Held, no foreigner has any right, as such to enter or remain in India as he/she likes and his entry into and stay in this country are regulated by the..........
Negotiable Instruments Act, 1881, Section 138 - - Dishonour of cheque - Conviction - Appeal - Stay of execution of order - Amount mentioned in the cheque, which was dishonoured was Rs.4,65,000/- - Condition to deposit amount of Rs.2.5 lakh - Challenge as to - Held, considering the facts and circumstances of the case, this Court is of the view that by directing petitioner..........
Criminal Procedure Code, 1973, Section 210 -- FIR and criminal complaint - Procedure to be followed by Magistrate - Stay of proceedings - Held, whenever in respect of an offence FIR is lodged, and criminal complaint is also filed, Magistrate should have stayed proceedings u/s 210 of CrPC relating to criminal complaint and only after report of police is received on..........
Civil Procedure Code, 1908, Order 21, Rule 26, Civil Procedure Code, 1908, Order 9, Rule 13 -- Execution of ex-parte money decree - Defendant moved application U.O.9.R.13 CPC which was dismissed - Contemporaneously, defendant also filed application U.O.21.R.26 CPC seeking stay of execution proceedings - Execution proceedings ordered to be stayed subject to defendant..........
Punjab Land Revenue Act, 1887, Section 34, 36 -- Mutation on the basis of registered sale deed cannot be refused on the ground that delivery of possession is not proved - A sale deed, once registered, has to be reflected in the revenue record - Revenue Officer cannot sit in judgment over complex and intricate rights of parties - When there is a civil suit pending..........
