Criminal Procedure Code, 1973, Section 482 -- Quashing of order - Condition of furnishing bank guarantee of Rs.15 lacs - Petitioner moved application for grant of permission to go abroad was allowed with condition of furnishing bank guarantee of Rs.15 lac - Petitioner submitted that he is ready to comply with all terms and conditions of order and has challenged the order..........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Preliminary issue - Issue of limitation if not a pure question of law, cannot be decided as preliminary issue U.O.14.R.2 CPC...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Issues - O.14.R.2 CPC stipulates that when issues of both law and facts arise in the same suit, Court may dispose the suit by trying issue of law first - For this purpose, provision specifies two questions of law, which are : (i) jurisdiction of Court; and (ii) a bar to suit created by any law for the time being in force...........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - High Court declined prayer and observation given that accused shall not approach Court "before a minimum period of three years from the date of conviction" - Held, seeking relief of suspension of execution of sentence and to be released on bail is statutory right of accused -..........
Criminal Procedure Code, 1973, Section 433, 435 -- Pre-mature release - Policy prevalent at the time of conviction shall be taken into consideration for considering premature release of a prisoner...........
Partnership Act, 1932, Section 69(2) -- Suit by unregistered firm - Suit by unregistered firm in respect of statutory right or a common law right is not barred u/s 69(2) of the Act. 1998(2) Apex Court Journal 526 (S.C.), 2000(1) Apex Court Journal 373 (S.C.), 2007(1) Apex Court Judgments 340 (S.C.) : 2007(1) Civil Court Cases 487 (S.C.) followed...........
Civil Procedure Code, 1908, Order 7, Rule 11, Partnership Act, 1932, Section 69(2) -- Rejection of plaint - Suit for declaration and injunction - Sale transaction in question not arising out of business of firm - Suit is for enforcing right of avoidance of a document on the ground of fraud and misrepresentation and also the statutory right of seeking declaration and..........
Indian Penal Code, 1860, Section 376, 511 -- Attempt to rape - All the PWs except father of victim did not support prosecution case - Not a single witness corroborated the evidence of victim in their depositions - Father of victim was not present near the place of occurrence and he heard the incident from victim - Evidence of father of victim being in the nature of hearsay..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Supplementary report - There is no time frame within which supplementary report has to be submitted - However, whenever an investigation is kept pending u/s 173(8) Cr.P.C, same shall has to be done or completed within a reasonable time period...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Supplementary report - Directions issued to all SHOs across State of Rajasthan and judicial officers that: (i) whenever a further investigation is kept pending for want of other material or trace of accused or for whatever reasons, it would be incumbent upon IO/SHO to move an application before..........
