Indian Penal Code, 1860, Section 395, 397 -- Dacoity - Revision against order for framing of charge - FIR did not mention that any theft was committed by any of the applicant - Trial Court erred in framing the charge and it was liable to be set aside...........
Civil Procedure Code, 1908, Order 21, Rule 103 -- Execution - Objections - Dismissal of third party objections - Order has the same force as a decree and is subject to the same conditions as to appeal - Order is appealable - No revision lies thereagainst - Revision petition dismissed as not maintainable...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - Personal necessity - NRI - As per interpretation by Supreme Court in Baldev Singh Bajwa v. Monish Saini, 2005(2) RLR (S.C.) 488 landlords are NRIs and fulfill all necessary ingredients for granting them benefit u/s.13-B - Contention of petitioner/tenant that landlords are not NRIs as the question as to..........
Civil Procedure Code, 1908, Section 2(2), 115, Order 7, Rule 11 -- Rejection of plaint - Appeal thereagainst also dismissed - Revision filed against order of appellate Court with a prayer that in case revision is found not maintainable it may be converted into regular second appeal - Formal decree sheet is not required to be drawn when plaint is rejected as rejection of..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12 -- Juvenile - Grant of bail - Scope of S.12 - Held, unlike Cr.P.C. S.12 does not make any distinction between bail u/s.436 to 439 Cr.P.C. and u/s.389 Cr.P.C. and applies to both situations in same manner with equal force - There is no separate provision for bail in matters of juvenile in conflict with..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Eviction - Bonafide need - Pleadings - Eviction sought on ground of personal necessity - Landlord had not stated that he was not in occupation of SCO Nos.3003-3004, Sector 22-D, Chandigarh after commencement of the Act and had not mentioned sufficient cause for vacating said premises either in petition or..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Accused summoned without adhering to the mandatory provision of S.202(1) Cr.P.C. as accused was residing beyond jurisdiction of Court - Magistrate also summoned an accused who was dead on the date of recording statement of complainant - Revisional Court rejected revision - Both Courts below acted..........
Criminal Procedure Code, 1973, Section 457 -- Sealed premises - Release of - Factory premises sealed for alleged illegal transportation and unloading of manganese ore - Rejection of application for release of said premises by trial Court as original documents of ownership were not produced - Non-production of documents regarding ownership and possession was on account of..........
Criminal Procedure Code, 1973, Section 401 -- Acquittal - Revision against - Powers of High Court - Held, revisional jurisdiction of High Courts while examining an order of acquittal is extremely narrow and ought to be exercised only in cases where trial Court had committed a manifest error of law or procedure or had overlooked and ignored relevant and material evidence..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Conviction - Validity - Complainant supplied some spare parts of motor vehicles to accused firm - Cheque issued by co-accused got dishonoured for want of appropriate funds in account - Notice was given in name of firm which was received by applicant and he was the Manager - Held, when it is..........
