Civil Procedure Code, Section 58(2) -- Judgment-debtor cannot be sent to civil prison for the second time with regard to same decree - Application under Order 21 Rule 37 for sending judgment-debtor to civil prison - Judgment-debtor already sent to civil prison for a period of 30 days under the decree - Cannot be sent to civil prison for the second time with regard to the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Suit for declaration to be owner in possession with consequential relief of permanent injunction restraining defendant - Bank from selling property for realisation of debt claiming to have been cultivating suit land as tenant - at - will under erstwhile owners, purchased tenancy land under Section 18 Punjab Security of..........
Criminal Procedure Code, 1973, Section 439 -- Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 - Bail - Alleged recovery of Charas weighing about 450 grams - Search allegedly carried out in the presence of DSP - No independent witness joined - Submission that there has not been strict compliance of provisions of Section 50 of the 1985 Act - Held that..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, 397 -- Dishonour of cheque - Question raised is whether notice of demand for payment issued by payee, is time barred or not - Held, it is a question of fact which has to be decided by trial Magistrate - Bar against revision under Section 397 cannot be defeated by invoking inherent..........
Punjab Public Premises and Land (Eviction and Rent Recovery) Act, Section 4,5,7,17(2)(f) -- Procedure to be adopted by Authorities while trying petition or application under various provisions of the Act - Must be in consonance and conformity with provisions of Act, Rules framed thereunder, principles of natural justice and basic rule of law - In absence of specific..........
Criminal Procedure Code, 1973, Section 389 -- Conviction under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 - Suspension of sentence - Bail - Provisions of Section 50 not complied with - Not brought in evidence whether memo Ex.PB. which was thumb marked by the accused petitioner was read over and explained to him in the presence of an independent..........
Civil Procedure Code, 1908, Section 151, 152, Order 47, Rule 1, Land Acquisition Act, 1894, Section 28A, 18 -- Compensation awarded by Land Acquisition Collector cannot be enhanced by District Judge by entertaining application under Order 47 Rule 1 read with Section 151 of the Code - District Judge does not have jurisdiction to review award made by it which has become..........
Criminal Procedure Code, 1973, Section 4, 5 -- Scheduled Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) - Criminal Complaint - Petition for quashing - Within the purview of Section 5 Cr.P.C. the Special Judge could not take cognizance of the matter under Section 3(1)(X) of the Act directly because there is no enabling special provision..........
Criminal Procedure Code, 1973, Section 167(2) -- Bail - Petitioner arrested for the offence under sections 364, 346 IPC -During the investigation offence under sections 302/120B IPC added - Bail under section 167(2) of the Code granted to the petitioner in the case itself - Mere fact that subsequently a charge-sheet under section 364/346 IPC or that on an application made..........
Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 12(2), 20A(2), Criminal Procedure Code, 1973, Section 465 -- Sanction - Irregular - An error or irregularity in a sanction may vitiate prosecution only if such error or irregularity has occasioned failure of justice - Held, on facts, that sanctioning authority intended to launch prosecution for offence of..........
