Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit by wife for creating charge for maintenance claim - Wife seeking temporary injunction from alienating, transferring and creating charge over suit property - Property in question is ancestral property as per plaintiff - Wife is living separately since 1998 - She herself pleaded that husband being..........
Immoral Traffic (Prevention) Act, 1956, Section 17(2) -- Raid in a Guest house - Girls detained for prostitution - Rescued by police - Victims were directed to be sent to Nari Niketan by Magistrate - No charge against victims that they indulged in prostitution as defined u/s 2(f) of the Act - Nothing on record that victims were seducing any person for purpose of..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Non-Executive Director - Where accused has resigned from Company and Form 32 was also submitted with Registrar of Companies then in such case if cheques are subsequently issued and dishonoured, it cannot be said that such an accused is in charge and responsible for conduct of..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Director - Mere repetition of phraseology of S.141 of the Act that accused is In-charge and responsible for conduct of day-to-day affairs of Company may not be sufficient and facts stating as to how accused was so responsible must be averred...........
Criminal Procedure Code, 1973, Section 482, 245, Indian Penal Code, 1860, Section 323, 504, 506 -- Order rejecting discharge application - Offence u/ss 323, 504, 506 IPC - Specific averment was there that accused was not aware of complainant - Till disposal of application u/s 245 Cr.P.C, no additional evidence was there on basis of which charge is to be framed by trial..........
Service -- Misconduct - Disciplinary proceedings - Effect of criminal enquiry on disciplinary proceedings - Criminal complaint is also registered against appellant with CBI - CBI though after investigation did not find adequate material to launch criminal prosecution against appellant but recommended major disciplinary action against appellant - Criminal proceedings are..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 354D, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 11, 12 -- Bail - Rape of minor girl - Accused was a matured married man aged 34 years having two children - Victim specifically narrated three incidents where she was subjected to sexual harassment by accused and..........
Wealth Tax Act, 1957, Section 3 -- Charge of wealth tax - Club in question neither being an individual, nor a HUF, nor a company, cannot be brought into wealth tax net u/s 3 of the Act...........
Indian Penal Code, 1860, Section 302, 304 -- Part-II - Free fight between parties, as accused also sustained injuries - Accused attacked complainant and caused him injuries as well as hit deceased on her head with an iron rod, resulting in her death - Allegations against accused are in line with charge sheet - Accused rightly convicted u/s 304(Part II) IPC...........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 307, 147, 148, 149 -- Default bail - Attempt to murder - Charge sheet not filed within 90 days as stipulated - Provision u/s 167(2) Cr.P.C comes into play - Accused entitled to grant of compulsive/default bail...........
