Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution on the basis of charge decree - O.21.R.58 CPC can be invoked by third party only in a situation where there is an attachment of property by Court in execution of a decree...........
Criminal Procedure Code, 1973, Section 436A, Prevention of Money Laundering Act, 2002, Section 4 -- Bail - Offence u/s 4 of PMLA - Charge has not been framed - There is thus, no prospect of even the trial commencing - Appellant entitled to be enlarged on bail...........
Indian Penal Code, 1860, Section 494, 34 -- Bigamy - Allegation against relatives/friends - In order to bring home said charge, complainant would be required to prima facie prove not only the presence of accused persons, but the overt act or omission of accused in the second marriage ceremony and also establish that such accused were aware about the subsisting marriage of..........
Indian Penal Code, 1860, Section 494, 34 -- Bigamy - Allegation against relatives/friends - A-3 and A-4 were not even alleged to be present at the time of marriage - Hence, involvement of these accused for the charge of having a common intention to commit the offence u/s 494 IPC is not established by any iota of evidence - Proceedings qua A-3 and A-4 quashed...........
Indian Penal Code, 1860, Section 494 -- Bigamy - Allegation against relatives/friends - A-5, A-6 and A-7 witnessed the alleged bigamous marriage - However, they have no knowledge that A-1 was already married to complainant - In absence of such allegation, prosecution of said accused persons for the charge of having a common intention to commit offence u/s 494 IPC is..........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Quashing of proceedings - Dispute purely civil in nature given colour of criminal prosecution alleging fraud and criminal breach of trust by misusing the tool of criminal law - Necessary ingredients of the offences punishable u/s 406 and 420 IPC not made out against accused appellants from the admitted allegations set..........
Criminal Procedure Code, 1973, Section 217 -- Alteration of charge - When charges are altered, opportunity must be given to both, prosecution and defence, to recall or re-examine witnesses in reference to such altered charges...........
Criminal Procedure Code, 1973, Section 217 -- Alteration of charge - When charges are altered by Court, reasons for the same must be recorded in the judgment...........
Criminal Procedure Code, 1973, Section 216 -- Alteration/addition of charge - At the instance of prosecution - Addition/alteration of charge has to be done by Court based upon its own satisfaction and not at the behest of any of parties to the trial...........
Consumer Protection Act, 1986, Section 23 -- Home buyers - 90% payment made - Failure to deliver possession in time - National Commission erred in directing that developer shall be entitled to charge interest @ 9% p.a from appellants on the balance amount till date of payment - Judgment of National Commission to that extent set aside...........
