Criminal Procedure Code, 1973, Section 195(1)(b)(ii) -- Prosecution in respect of a forged document produced in Court - The bar contained in Section 195(1)(b)(ii) of the Code is not applicable to a case where forgery of the document was committed before the document was produced in a Court...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction in a suit by vendee for declaration restraining defendants from dispossessing and also from alienating suit land - Suit land purchased during pendency of appeal in which appellant and vendor - respondent entered into compromise - Question whether sale of suit land hit by doctrine of lis pendens under..........
Criminal Procedure Code, 1973, Section 231 -- Application of the prosecution for examination of the witnesses whose names were mentioned in the complaint filed in the Court of Magistrate but whose deposition on oath had not been recorded before the Magistrate during the enquiry under Section 202 Cr.P.C. dismissed - Direction issued to allow the examination of those..........
Civil Procedure Code, 1908, Section 16 -- Suit for specific performance of agreement of sale of immovable property - Must necessarily be instituted in the Court within whose jurisdiction the property agreed to be sold is situated - General rule that Court within local limits of whose jurisdiction a part of cause of action arises, can entertain the suit - Not applicable to..........
Civil Procedure Code, -- Suit for permanent injunction restraining defendants from interfering in lifting of sand and quarry by plaintiff from land shown as Shamlat Den Hasab Rasad Khewat Malkan and as such belonging to Sanjhi Bhumi Committee who had entered into agreement with plaintiff - Sand is `mineral' as defined in Section 3(a) of Mines and Minerals (Regulation and..........
Civil Procedure Code, Section 34 -- Not applicable to mortgage suits - Section 34 applies to simple money decrees and payment of interest pending such suits...........
Civil Procedure Code -- Order 34 - Interest on mortgage suits, pendente lite and future - Discretionary power given to Court under Order 34 Rule 11 to cut down rate of interest - Independent power - Neither traceable to Section 74 Contract Act nor to any power in Usurious Loans Act, 1918, nor to any State statute - Not obligatory on part of Court while passing preliminary..........
Banking Regulation Act, 1949, Section 21 -- A, 21 and 35 - Section 21 - A not intended to over - ride Order 34 Rule 11 Civil Procedure Code - Non - obstante clause in Section 21 - A over - rides Usurious Loans Act, 1918, and any other law relating to indebtedness in force in any State - Question whether for the period during pendency of mortgage suit Court's discretion..........
Civil Procedure Code, Section 34 -- Order 34 Rule 11 deals with mortgage suits and payment of interest - To mortgage suit special provisions in Order 34 Rule 11 alone applicable and not Section 34...........
Criminal Procedure Code, 1973, Section 110 -- Punjab Police Rules, 1934, Rule 23.4(3)(b) Vol.3 - Surveillance register - Stand taken by the respondents that name of the petitioner was not entered in the list prepared under section 110 Cr.P.C. - His name finds place in Surveillance Register maintained under 23.4(3)(b) Vol.3 of the Rules - The petitioner does not seek the..........
