Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - High Court while rejecting anticipatory bail granted interim protection to accused for a period of two months and directed that no coercive steps be taken against accused for a period of two months - Self contradictory orders were passed by High Court - Order to the extent of directing no coercive steps..........
Indian Penal Code, 1860, Section 380, Criminal Procedure Code, 1973, Section 357(3) -- Offence u/s 380 IPC - Conviction - Compensation to complainant - Trial Court while awarding compensation neither conducted any inquiry to determine paying capacity of accused nor any reason has been assigned - No sufficient material before trial Court to assess capacity of accused to pay..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of final report - Observations in the nature of findings - Not a correct approach - Impugned order set aside...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application U.O.9.R.13 CPC filed after inordinate delay of about 7 years after putting in appearance by defendant in execution proceedings - No reason offered by defendant for not filing application for setting aside ex parte decree for a period of almost seven years - Order..........
Criminal Procedure Code, 1973, Section 127 -- Enhancement of maintenance - Amount of permanent alimony of Rs.6.5 lakhs was received by wife in full and final settlement and lifetime maintenance and decree of divorce by mutual consent was passed - Husband contracted second marriage and he is under an obligation to maintain his parents and second wife - When the amount of..........
Civil Procedure Code, 1908, Section 20, Order 7, Rule 10 -- Jurisdiction of Court - Recovery suit on the basis of dishonoured cheque - Cheque presented in Bank at place `C' and dishonoured - Dishonor of cheques at place `C' which is a part of the cause of action for plaintiff's suit would bring the suit within territorial jurisdiction of Court at place `C' - Order of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint allowed subject to payment of cost - Cost accepted - Once there is acceptance of cost, the same order cannot be challenged in appeal on different grounds...........
Civil Procedure Code, 1908, Order 8, Rule 1(A3) -- Late production of documents - Will - Partition suit - Defendant not pleaded in additional written statement regarding Will in question nor said Will filed along with additional written statement - Even, there is no reference to date of execution of Will in additional written statement - In the absence of pleading, any..........
Civil Procedure Code, 1908, Order 21, Rule 85 -- Auction sale - Payment of balance amount - Statutory period has been prescribed for deposit of full amount of sale money as contemplated U.O.21.R.85 CPC - Discretion exercised by executing Court permitting auction purchaser to deposit amount beyond said period is uncalled for - Impugned order of allowing petitioners to pay..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420 -- Anticipatory bail - Granted with condition to deposit Rs.22 lacs - Accused himself volunteered to deposit the said amount - However, even if accused himself had undertaken to make payment, such undertaking could not have weighed in the mind of High Court to decide the question of grant of..........
