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...........
Prevention of Corruption Act, 1988, Section 19(1), Criminal Procedure Code, 1973, Section 197 -- Sanction to prosecute - Members of Parliament and the State Legislature are public servants liable to be prosecuted for offences under the Act - Cannot be prosecuted for offences under Section 7, 10, 11 and 13 of the Act because of want of an authority competent to grant..........
Prevention of Corruption Act, 1988, Section 19(1), Criminal Procedure Code, 1973, Section 197 -- Sanction to prosecute - Since there is no authority competent to remove a Member of Parliament and to grant sanction for his prosecution under Section 19(1) of the Prevention of Corruption Act, 1988, the court can take cognizance of the offences mentioned in Section 19(1) in..........
Criminal Procedure Code, 1973, Section 193, 319 -- Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 - Summoning order - Accused-petitioner earlier discharged by Judicial Magistrate 1st Class on an application moved by the prosecution - Summoning order by Additional Sessions Judge u/S.319 of the Code at the stage of framing of the charge without recording..........
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138 -- Summoning order - Review/recalling of order - Application for recalling dismissed by the learned Judicial Magistrate - Petition for setting aside of order - Criminal Court cannot review or recall its own order - The order was open to challenge by filing either a revision or a..........
Criminal Procedure Code, 1973, Section 438 -- FIR under Section 406/498A of IPC - Anticipatory Bail - Articles of dowry belonging to complainant and entrusted to petitioner taken into the possession by the police - Not a case for the recovery of the articles of the dowry - Declining anticipatory bail to the petitioner will not serve any purpose - Anticipatory bail allowed...........
