Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Sale of property - Money suit - Entire decretal amount admittedly was paid by defendant/JD from time to time though in installments - In such circumstances, it would not be feasible to sell the property of JD - Court committed error in review petition by stating that entire decretal amount was not paid by..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Appellant Court enhanced amount of interim maintenance without there being any appeal by wife for enhancement - Moreover, no cogent and valid reasons assigned by appellate Court for enhancing amount of interim maintenance - Order of appellate Court is per se illegal and set aside...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 15(3) -- Eviction petition - Assessment of provisional rent - Remand of case Appellate Authority remitted case to Rent Controller for assessment of provisional rent afresh by taking into account documents discussed in order - If Appellate Authority was of view of that documents which are a part of records of..........
Civil Procedure Code, 1908, Section 144 -- Restitution - S.144 CPC applies to a situation where a decree or an order is varied or reversed in appeal, revision or any other proceeding or is set aside or modified in any suit instituted for the purpose - In that situation, Court which passed the decree may cause restitution to be made, on an application of any party entitled,..........
Indian Penal Code, 1860, Section 419, 170 -- Offence u/ss 419, 170 IPC - Accused was convicted u/s 170 IPC - No justification for convicting accused u/s 419 IPC - Conviction u/s 419 IPC set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards share of profit of joint business - No proof of business or accrual of profit - No proof that amount was outstanding towards accused and was a debt or liability - Court not considered defence that cheque was of the year 2005 and was either retained or stolen by complainant -..........
Indian Penal Code, 1860, Section 325, Criminal Procedure Code, 1973, Section 320 -- Compromise during pendency of appeal filed against order of High Court whereby conviction was modified from S.307 IPC to S.325 IPC - Legal representative can compound the offence with consent of Court when person who was otherwise competent to compound the offence is dead - Compromise..........
Indian Penal Code, 1860, Section 325, Criminal Procedure Code, 1973, Section 320 -- Compromise during pendency of appeal filed against order of High Court whereby conviction was modified from S.307 IPC to S.325 IPC - Legal representative can compound the offence with consent of Court when person who was otherwise competent to compound the offence is dead - Compromise..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18(b), Indian Penal Code, 1860, Section 63, 64, 65, 66, 67, 68, 69, 70 -- Recovery of 2 kg 900 gms opium - Reduction of default sentence in lieu of fine - Sentence awarded in default of payment of fine is not akin to main sentence - It is a penalty which a person incurs on account of no, payment of fine -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Dismissal of application - During course of leading evidence, petitioner examined himself as one of his witnesses and was also cross examined - Such cross examination revealed certain lacunas in petitioner`s case particularly with regard to vagueness in case set up by petitioner regarding identification..........
