Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Probate proceedings on account of Will - Trial Court sent Will to FSL - Signature on Will found to be forged - No occasion arises to allow respondents to do said business in firm as a partner - Order allowing application U.O.39.Rr.1, 2 CPC set aside...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - No relief was sought against applicant in the suit - In a suit for specific performance only parties to agreement are necessary parties and applicant neither necessary nor proper party to suit proceedings - Order allowing application set aside...........
Criminal Procedure Code, 1973, Section 433 -- Premature release - Murder of two children by mother - Accused had tried to commit suicide herself along with two children by consuming poison - It cannot be simply bracketed as cruel and brutal offence as accused herself was trying to end her life but was prevented by her niece in the nick of time - Moreover, recommendation of..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused had tried to commit suicide herself along with two children by consuming poison - Case of accused not covered u/s 300 Exceptions IPC, particularly, when there was no consent from two children who were fed and died upon consuming pesticide administered by accused - Accused rightly convicted u/s..........
Indian Penal Code, 1860, Section 409, 467, 468, 471 -- Offence u/ss 409, 467, 468, 471 IPC - Reduction of sentence - Incident occurred in the year 1993 and accused already paid Rs.20,000 - Accused remained in custody for a period of 8 months and six days - While maintaining conviction of accused, sentence reduced to period already undergone...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - District Police Chief cannot order further investigation, as said power rests either with concerned Magistrate or with a higher Court and not with an investigating agency...........
Indian Penal Code, 1860, Section 420 -- Cheating - Mere fact that one ingredient is fulfilled and mere statements made to show dishonest intention or falsity of statement, threshold of S.420 IPC is not breached, constituting offence...........
Indian Penal Code, 1860, Section 420 -- Cheating - No material on record to show that representation made by accused or de facto complainant was false or that they had prior knowledge of such representation being false and made only with intention to deceive - No proof of any financial transaction is on record much less concerning accused - Proceedings quashed...........
Protection of Children from Sexual Offences Act, 2012, Section 19, 2, 42A, Criminal Procedure Code, 1973, Section 198 -- Overriding effect of provisions of POCSO Act - S.19 r/w S.21 of POCSO Act shall override restrictions imposed u/s 198(1) r/w S.198(3) Cr.P.C...........
Prohibition of Child Marriage Act, 2006, Section 3, Criminal Procedure Code, 1973, Section 472, 473 -- Child marriage - Extension of period of limitation to file complaint - Court has power to extend period of limitation if it deems appropriate in cases where minor victims are not able to file their complaints within time...........
