Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, 34 -- Quashing of proceedings, post conviction, during pendency of appeal - Compromise - Proceedings emanating from matrimonial dispute - No embargo in exercising power u/s 482 Cr.P.C. to quash proceedings - Criminal proceedings quashed...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - Law as to: (a) O.21.R.29 CPC is applicable only if suit and execution proceedings are pending before same Court and not before two different Courts which are not of co-ordinate jurisdiction; (b) Provision of O.21.R.29 CPC will not apply if suit is instituted subsequent to institution of..........
Indian Penal Code, 1860, Section 307, 323, 326, 452, 506, 148, 149 -- Attempt to murder - Complaint lodged after 2 months from the incident - Explanation furnished for such delay not believable - Alleged eye witness of occurrence has stated that he had not seen the incident - Doctor who prepared MLR not examined - Accused did not have an opportunity to cross-examine said..........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Appointment of Local Commission - Application allowed - Revision thereagainst is maintainable even if jurisdiction has been exercised illegally and with material irregularity...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commission - Application U.O.26.R.9 CPC cannot be allowed merely for the purposes of facilitating case of one or other party and it is not the business of Courts to discharge burden of evidence of either party...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commission - Application not supported by any affidavit and in fact referred to plaint which was duly supported by affidavit - Moreover, no explanation furnished by plaintiff as to why and how he could not have access the documents required or even importance or relevance of said documents - Even, no..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title and injunction - Plaintiff claimed that suit property had fallen in his share - However, no documentary evidence placed on record by plaintiff in order to show that property in question has fallen to his share - In absence of any cogent and reliable evidence led by plaintiff, Courts..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle involved in NDPS case - Interim custody of vehicle alleged to be used in committing offence under NDPS Act cannot be denied on the ground of severity of offence...........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle involved in NDPS case - Interim custody of vehicle cannot be denied on the ground that it is liable to be confiscated in case the offence is proved against accused...........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle involved in NDPS case - Petitioner is registered owner of vehicle - There is no reason to deny interim custody of vehicle to owner or person entitled to get possession of vehicle - If the vehicle is allowed to be kept in police station for an indefinite period then value of vehicle shall be..........
