Civil Procedure Code -- Bar of jurisdiction of Civil Court as preliminary issue - From title of suit itself it appears that suit pertains to provisions of Northern India Canal and Drainage Act - To decide whether suit is maintainable in Civil Court or not - No evidence is required - Order passed under Section 68(7) Northern India Canal and Drainage Act - Cannot be called..........
Juvenile Justice Act, 1986, Section 2(h), 24, Criminal Procedure Code, 1973, Section 401 -- Contention of the petitioner before Addl. Sessions Judge that on the date of committing of alleged offence on 02.07.1993 he was below 16 - Should not have been charged and tried with other accused under section in view of provisions of Section 24 of the Act - On the basis of school..........
Criminal Procedure Code, 1973, Section 203 -- Second complaint - The order of dismissal under Section 203 of the Code is not bar to the entertainment of a second complaint on the same facts - It will be entertained only in exceptional circumstances stated...........
Criminal Procedure Code, 1973, Section 249, 320, Indian Penal Code, 1860, Section 468, 471, 474, 467 -- Complaint - Dismissal for non-prosecution - Offences non-compoundable - Learned Magistrate could not act under section 249 of the Code and dismissed the complaint for want of prosecution and in the absence of the complainant...........
Criminal Procedure Code, 1973, Section 227, 228 -- Framing of charge under Section 304/419/34 - Petitioner holder of diploma in N.E.H.M. - Not authorized to administer allopathic medicines - Gave medicines/injections of Baralgan and Calmpose to the deceased - Held that from the acts of the petitioners the element of knowledge cannot be attributed to them - At the most the..........
Criminal Procedure Code, 1973, Section 401 -- Framing of charge - Charge framed under Section 326/324/34, 450 IPC - Held that the offence falling within the mischief of Section 326 IPC is not punishable with imprisonment for life exclusively - Offence falling within the mischief of Section 326 Indian Penal Code is punishable with imprisonment for a term upto 10 years but..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406 -- Quashing of complaint - Petition for - Petitioner, wife and respondent-husband agreed to seek divorce by mutual consent under Section 13B of H.M.A. - Respondent-husband agreed to pay a sum of Rs.2,60,000/- in full and final settlement of all claims including permanent alimony -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 324, 326 -- Quashing of FIR - Compounding of offence - The offence punishable under section 326 IPC is not compoundable even with the permission of the Court as provided under section 320 of the Code - Keeping in view the facts and circumstances of the case and the comprise effected between the..........
Civil Procedure Code --Order 37 ,R.l(2)(a) - Suit for recovery of amount on the basis of cheques - Cheque is a Bill of Exchange as defined in Section 6 Negotiable Instruments Act - Provisions of Order 37 applicable to cheque - Negotiable Instruments Act, Section 6...........
Criminal Procedure Code, 1973, Section 439 -- Narcotic Drugs and Psychotropic Substances Act, 1985, Sections 37 and 50 - Bail - Contention that search was not conducted in the presence of a Magistrate or a Gazetted Officer - Held that it is against the spirit of the Act say that if search is taken in the presence of a Gazetted Police Officer it is not in accordance with..........
