Criminal Procedure Code, 1973, Section 220 -- Joint trial of more than one offence - Section is an enabling provision - Court may or may not try all offences together in one trial...........
Civil Procedure Code, 1908, Order 21, Rule 11 -- sub - rules 2(g) & 2(h) - Execution of Award of District Judge on a reference under Section 18 Land Acquisition Act - Entire amount awarded deposited - Court should call upon decree - holder to file calculation memo to which each of them is entitled - No question of directing judgment - debtor to file a calculation memo -..........
Land Acquisition Act, 1894, Section 26, 18 -- Liability to pay interest on the amount determined by District Judge in the Award on a reference under Section 18 - From the date of deposit of amount determined by District Judge in the Award - Liability of judgment - debtor to pay further interest - Will cease - and come to end - Civil Procedure Code, Order 21 Rule 11 sub -..........
Civil Procedure Code, 1908, Order 32, Rule 3, 3 -- A-Minor if wants to have decree set aside on the ground that his interest not protected in the property - Must file suit asserting his rights on attaining majority or within 3 years thereafter under Section 7 Limitation Act - Interest of minor identical with that of other defendants and suit contested on every conceivable..........
Civil Procedure Code, 1908, Section 47 -- Dispute as to respective shares in compensation awarded under Land Acquisition Act - Executing Court not competent to go into the question as to what are shares of respective parties - As per Jamabandi share of one party more than 50% whereas share of others less than half - Executing Court cannot order disbursement of compensation..........
Criminal Procedure Code, 1973, Section 193, 319, 209 -- Addition of new accused - Sessions Court cannot add a new person to array of accused in a case pending before it at a stage prior to collecting any evidence - From stage of committal till Sessions Court reach stage indicated in Section 230 i.e. collection of evidence Court can only deal with accused referred to in..........
Civil Procedure Code, 1908, Section 34 -- Liability to pay interest - Suit decreed not only for principal amount but also for interest prior to filing of suit - Decree silent while granting interest at 6% from date of institution of suit till date of realisation - Not specifying as to on what amount interest is payable - Interest in view of Section 34 payable at 6% on..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Contention that payment had been made - As per complainant only part payment is received - Disputed question of fact involved to be decided by trial Court - No ground to quash proceedings under Section 482 Cr.P.C...........
Constitution of India, 1950, Article 226 -- Dismissal in limine of writ petition by a detailed speaking order rejecting various contentions urged on behalf of the petitioner to challenge legality of impugned order as well as orders passed by appellate and revisional authorities - Not challenged by filing Special Leave to Appeal before Supreme Court - Must be treated as..........
Civil Procedure Code, 1908, Section 152 -- Application for correction of clerical error in decree - Words "at any time" in Section 152 - Makes it clear that no period of limitation prescribed - Article 136 Limitation Act does not apply to application for amendment of decree - Once Court finds that names of plaintiffs wrongly mentioned in decree-sheet - Duty of Court to..........
