Civil Procedure Code, 1908, Order 21, Rule 54(1), 66 -- Execution - Attachment of property - When only one of attached properties was sufficient to satisfy the decree there was no requirement for effecting sale of entire attached property...........
Civil Procedure Code, 1908, Order 21, Rule 66 -- Execution - Sale of property - Only such portion of property as would satisfy decree is to be sold and not the entire property - Court's power to auction any property or part thereof is not just a discretion but an obligation imposed on the Court and the sale held without examining this aspect and not in conformity with this..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Plea of divorce by mutual consent - Husband pleaded that trial Court while granting interim maintenance has not specifically dealt with plea taken by him regarding divorce by mutual consent - Though, wife disputed alleged divorce being voluntarily one - However, even if divorce has taken place between..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Simpliciter withdrawal of suit without liberty to file a fresh suit - There was no reason for Court to deny withdrawal - Plea that suit should not have been allowed to be withdrawn without notice to them deserves to be rejected...........
Criminal Procedure Code, 1973, Section 200 -- Cognizance of offence - Magistrate directing investigation u/s 156(3) Cr.P.C. - He cannot be said to have taken cognizance - It is only when Magistrate after applying his mind prefers to follow the procedure under Chapter XV of Cr.P.C. by resorting to S.200 Cr.P.C. he can be said to have taken cognizance of the offence...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302 -- Suspension of sentence during pendency of appeal - Appeal against conviction - Murder - Deceased stated in her dying declaration that she herself poured kerosene and match stick was allegedly lit by accused - It would be debatable as to whether deceased who had sustained 98% injuries would..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Seeking additional relief which arises from the same facts - Should be allowed liberally...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence u/s 3(1)(r) of SC/ST Act - Offence is neither committed in public view nor committed at public place - No member of public was present at the time of incident - Provision of S.3(1)(r) of the Act not..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Amendment sought to incorporate properties mentioned in written statement - Since suit is for partition and permanent injunction, all the disputed properties should have been included in the suit - Same would not change the nature of suit - Application allowed for including additional..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420 -- Bail - Cheating - Allegation pertain to cheating on assuring visa under the garb of payment of money - Involvement of petitioner and gravity of offence does not entitle petitioner to bail at this stage - Bail application dismissed - However, on completing six months of total custody, if..........
