Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 153A, 295A, 298, 505(2), Information Technology Act, 2000, Section 66F -- Quashing of FIRs - Offence u/ss 153-A, 295-A, 298, 505(2) IPC and S.66-F of I.T. Act - Petitioner who hosted debate show was an equal participant rather than a mere host - Transcript including offending portion would form a..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of advocate commissioner - Partition suit - Plaintiffs are aged about 80 years and 72 years respectively - They are senior citizens - Application pending before Court below for more than 9 years, which is very unreasonable and contrary to procedure contemplated under law - Petitioners have to get fruits of..........
Criminal Procedure Code, 1973, Section 439, Prevention of Corruption (Amendment) Act, 2018, Section 13(1)(B), 13(2) -- Bail - Assets disproportionate to known source of income - Prima facie prosecution failed to convince Court that accused owns income which is disproportion income which is more than 10% to known source of income - Accused proved that he possesses more than..........
Criminal Procedure Code, 1973, Section 167(2)(a)(i) -- Official Secrets Act, 1923, S.3 - Application for release on bail - Ground that charge sheet has not been filed within 60 days - Order of Magistrate that in instant case time period for filing charge sheet would be 90 days - Challenge - Accused is being tried under Official Secrets Act, which does not talk about..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302 -- Anticipatory bail - Murder - FIR lodged by brother of deceased after a period of almost 29 years from date of incident - Even in FIR initially there was no allegation of offence u/s 302 IPC and allegations were only for offences u/ss 364, 201, 344, 330, 219, 120-B IPC for which there was an..........
Criminal Procedure Code, 1973, Section 125, Family Courts Act, 1984, Section 19(2) -- Maintenance - Order allowing maintenance - An appeal u/s 19(2) of the Family Courts Act does not lie against an order passed in proceedings u/ss 125 to 128 of the Code - Criminal revision is maintainable against both interim as well as final order passed u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 156(3), Indian Penal Code, 1860, Section 379, 414, Mines and Minerals (Regulation and Development) Act, 1957, Section 4, 21, Madhya Pradesh Minerals (Prevention of illegal Mining, Transportation and Storage) Rules, 2006, Rule 18 -- Offence u/ss 379, 414 IPC, Ss.4/21 of Mines & Minerals (Development & Regulation) Act, 1957 & Rule 18 of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 365, 367, 452, 506 -- Bail - Offence u/ss 323, 365, 367, 452, 506 IPC - Accused at one point of time was granted interim bail and he surrendered in time - He was carrying sword as written in FIR, but only a danda was recovered from him - Accused was no more required for custodial..........
Civil Procedure Code, 1908, Order 21, Rule 95, Limitation Act, 1963, Article 134 -- Auction sale - Delivery of possession of property not asked within statutory period of one year by auction purchaser - Auction purchaser has no right to file a fresh suit for enforcing delivery in execution - However, suits which do not offend u/s 47 CPC and suits for possession on strength..........
Civil Procedure Code, 1908, Section 65, Order 21, Rule 95 -- Auction sale - Delivery of possession - It was imperative on part of DH to take possession of property auctioned by him - If he fails to get possession through execution Court, his relief U.O.21 CPC, is lost, though his title over property sold subsists...........
