Criminal Procedure Code, 1973, Section 83 -- Attachment of property belonging to proclaimed offender - Sine qua non for passing such an order would be a finding, may be prima facie, that property for which attachment order is being passed belongs to accused person and without such finding, no order as to attachment of property can be passed...........
Criminal Procedure Code, 1973, Section 82, 83, 84 -- Attachment of property belonging to proclaimed offender - Mere residence of proclaimed person in rented premises, cannot empower concerned authority to seize or attach the rented property, as said property would not belong to proclaimed person...........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Money decree against Company - There is no provision in CPC which provides for execution of a money decree against JD Company by effecting arrest and detention of its employee, Director or General Manager...........
Indian Penal Code, 1860, Section 363, 366A, 346, Protection of Children from Sexual Offences Act, 2012, Section 6, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Kidnapping and sexual assault - Victim stated that she left the house of her father on her own accord and joined the company of accused and solemnized marriage with accused on her own volition -..........
Criminal Procedure Code, 1973, Section 319 -- Application u/s 319 Cr.P.C - Can be filed by accused or a co-accused...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Election petition - By no stretch of imagination, it can be concluded that petition suffers from inadequacy of pleadings, so as to conclude that a cause of action had not arisen to the election petitioner - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Election petition cannot be dismissed on preliminary issue while deciding an application U.O.7.R.11 CPC on the ground that it lacks in material facts and did not disclose any cause of action...........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Deciding a case based on material that was never part of record amounts to impropriety requiring interference from the Court in terms of Ss.397, 401 Cr.P.C...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Substitution of LRs - Sole defendant was not alive on the date of institution of suit - Plaintiff came to know about the death of sole defendant only when memo was filed - Mistake was bonafide one made in good faith by impleading a deceased defendant in the suit originally instituted - Delay in filing application for..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Recovery of 2 kg opium - Bail - Rigors of S.37 of NDPS Act do not apply, as recovery effected is intermediate quantity - Role of accused is similar to co-accused who were already granted bail - Pre-trial custody may not be justified at this stage - Bail granted..........
