Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(c), (d) -- Bail - Cheating - Appellant is in custody since 28.9.2021 - Total amount of proceeds of crime allegedly laundered by appellant is hardly Rs.1 crore - Bail granted to appellant subject to strict conditions that..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 323, 504 -- Anticipatory bail - Offence u/ss 498-A, 323, 504 IPC - Appellant released on interim bail and thereafter he had remained present as and when called upon do so by Court - He is co-operating in proceeding further with trial - Interim bail granted to accused made absolute...........
Partition suit -- Alienation by father - Father of plaintiff sold the property when plaintiff was minor for legal necessity and to discharge antecedents debts - Leave of Court thus, not arises - Mere fact that defendants to whom the property was sold not adduced any evidence to prove that they had paid valid consideration, is not fatal to proceedings, as documents relied..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(c), (d) -- Bail - Appellant involved in a very serious financial scam - He is in custody since 1.11.2021 - Having regard to period of custody undergone by appellant as also the fact that High Court stayed the proceedings..........
Indian Penal Code, 1860, Section 366, 376 -- Kidnapping and rape - Age of victim is opined to be between 16-17 years as per medical examination report - Mother of victim has categorically stated that victim has never gone to any school - Defence has also not brought on record any evidence in respect of age of victim - However, there is clear cut evidence of victim girl..........
Employee's Compensation Act, 1923, Section 4A(3)(b) -- Compensation - Default in payment - Penalty on employer - Commissioner had come to a specific finding of fact that employer had not paid any amount to claimants at the time of injury nor had paid anything when claim was filed by appellants - High Court was not justified in interfering with penalty amount directed by..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plea that suit land is agricultural land, so civil court has no jurisdiction - Suit filed by plaintiff is not regarding agricultural land - Plaintiff asserted that dispute is qua agreement executed between them and defendants had not complied with the terms of said agreement and without complying with..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- First appeal - Points for determination - Provision of O.41.R.31 CPC should be reasonably construed and should be held to require the various particulars to be mentioned in the judgment only when appellant has actually raised certain points for determination by appellate Court and not when no such points are raised...........
Civil Procedure Code, 1908, Order 41, Rule 30 -- First appeal - Pronouncement of judgment - O.41.R.30 CPC does not make it incumbent on appellate Court to refer to any part of proceedings in the Court from whose decree appeal is preferred - Appellate Court can refer after hearing parties and their pleaders to any part of these proceedings to which reference be considered..........
Constitution of India, 1950, Article 32 -- Writ jurisdiction - Decision rendered by Supreme Court, be it at the stage of special leave petition or post grant of leave while exercising jurisdiction u/art 136 of Constitution, cannot be assailed directly or collaterally u/art 32 of Constitution - Remedy of an aggrieved litigant is to file review - If grievance persists even..........
