Criminal Procedure Code, 1973, Section 227, 228, Indian Penal Code, 1860, Section 323, 506, 34, 306 -- Framing of charge - Suicide by deceased by sprinkling kerosene oil on himself - No direct nexus between the allegations of the prosecution and the ultimate effect - Cannot be said that there was common abetment or that there was any instigation on the part of the..........
Civil Procedure Code, 1908, Section 58(1) -- While directing arrest, Court has to fix the period for which the J.D. should be kept under detention - However, order of arrest otherwise sustainable cannot be set aside merely on the ground of such non-mention of period of detention - Court has inherent power under Section 151 to rectify such a mistake committed...........
Criminal Procedure Code, 1973, Section 482, 438 -- Anticipatory Bail - While granting the anticipatory bail direction issued by the Sessions Court to the petitioner to seek regular bail within a period of three weeks - It was also observed that the order will not stand in way to seek police remand of the accused - Impugned conditions in the bail order contrary to the..........
Prevention of Food Adulteration Act, 1954, Section 7(16), Criminal Procedure Code, 1973, Section 300, Constitution of India, 1950, Article 20(2) -- Second Complaint - Ingredients of the offence for which second complaint lodged different and distinct from the ingredients of the offence of the first complaint though arising out of the same facts - The second complaint was..........
Prevention of Food Adulteration Act, 1954, Section 7(16), Criminal Procedure Code, 1973, Section 300, Constitution of India, 1950, Article 20(2) -- Second Complaint - Ingredients of the offence for which second complaint lodged different and distinct from the ingredients of the offence of the first complaint though arising out of the same facts - The second complaint was..........
Civil Procedure Code, 1908, Section 100, 151 -- Counsel stated that appellant willing to deposit amount towards arrears of rent within two months - Amount never deposited - Application under Section 151 for withdrawing statement made by counsel as irresponsible or erroneous and no such amount involved in the case - Having given statement before the Court to deposit the..........
Adverse possession -- Burden of proof heavily placed on plaintiff - Not an iota of evidence with regard to adverse possession so much so even plaintiff never stated in examination that possession adverse and hostile to the knowledge of true owner - Concurrent finding of Courts below not in any way suffering from error of jurisdiction or that the approach palpably wrong -..........
Civil Procedure Code, 1908, Order 43, Rule 1(r), Civil Procedure Code, 1908, Order 39, Rule 1, 2 - - Revision directly against order under Order 39 Rules 1 and 2 - Not maintainable - Order appealable under Order 43 Rule 1(r) - Plea that revision maintainable as appeal against order under Order 39 Rules 1 and 2 lies to District Judge and not to High Court - Not tenable in..........
Criminal Procedure Code, 1973, Section 145 -- Quashing of Kalendra - Petition for - Second respondent joint tenant and is in joint possession alongwith the father of the petitioner - Proceedings under Section 145 of the Code cannot be initiated...........
Criminal Procedure Code, 1973, Section 125(1) -- Expln. Clause (b) - Decree for restitution of conjugal rights obtained by husband - Wife failed to comply - Husband then obtained a decree for divorce - Held, such wife does not fall in clause (b) of the Explanation - She is not entitled to claim maintenance under Section 125 Cr.P.C...........
