Criminal Procedure Code, 1973, Section 397, Indian Penal Code, 1860, Section 294 -- Conviction u/s 294 IPC and acquittal u/ss 147, 506 IPC by trial Court - Appellate Court acquitted accused u/s 294 IPC - Revision against - It is appeal and not revision which is maintainable - Complainant is at liberty file special leave to appeal along with an appeal against judgment of..........
Mohammedan law -- Partial partition is permissible amongst Mohammedans, as under Mohammedan law heirs of deceased Muslim succeed to a definite fraction of every part of his estate - Muslim co-sharers are not obliged to file a general suit for partition of all properties in which they are interested and there is nothing to preclude one of them from seeking a portion of..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Revocation of license - Plaintiffs were not required to lead any evidence that they had given shop to defendant as licensee - Revocation of license by notice is sufficient to file a suit for mandatory injunction and possession...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 20(3) -- Dishonour of cheque - Quashing of complaint - Offence by company - Accused not named as authorised signatory - Court directed accused to file affidavit as to whether he was such authorised signatory or not - Seeking such affidavit..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 8(c), 17(c), 21(c), 22(c), 29, 35 -- Default bail - Offence u/ss 8(c), 17(c), 21(c), 22(c), 29, 35 of NDPS Act - Accused arrested and in judicial custody for more than 300 days - Prosecution did not file an application u/s 36-A(4) of NDPS act praying for..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Mere fact that wife did not file a petition for grant of maintenance during pendency of matrimonial proceedings, is no ground to hold that she is not entitled to file such a petition later on...........
Civil Procedure Code, 1908, Section 92 -- Suit u/s 92 CPC - Leave of Court to institute suit - Notice should be issued to other side before passing orders in an application seeking leave to institute suit - However, that is not absolutely necessary an in an emergent situation, Court can grant leave even without issuing notice to other side, but then respondent has a right..........
Limitation Act, 1963, Article 137, Insolvency and Bankruptcy Code, 2016, Section 7 - - Limitation - Application u/s 7 of I&B Code - Right to sue accrued in and from 2011 - Limitation to file application is 3 years, as Art.137 of Limitation Act is applicable to case - Since three years having elapsed in 2014, application filed in 2017 is time barred...........
Civil Procedure Code, 1908, Order 23, Rule 1, 2 -- Withdrawal of suit - In earlier lis between parties, High Court permitted to withdraw suit with liberty to file fresh suit on same cause of action - Limitation law is not affected by the first suit...........
Land Acquisition Act, 1894, Section 48 -- Release of land - Land acquired not utilized for purpose for which it was acquired as alleged by landowners - However, whether land acquired from landowners is similarly placed as that of other land owners whose case was considered under policy for deletion are aspects which are to be examined by High Court by notifying to..........
