Criminal Procedure Code, 1973, Section 427, Indian Penal Code, 1860, Section 302, 364, 201, 34 -- Concurrent running of sentences - Honour killing - Accused convicted and sentenced to undergo fixed term of 25 years u/ss 302, 34 IPC, and 10 years of R.I u/s 364 IPC and also sentenced to undergo R.I for 4 years u/s 201 IPC and to pay fine of Rs.2000 and in default of payment..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Suit for permanent and mandatory injunction - Restraining defendant from blocking and locking common passage, entrance gate and bathroom at ground floor of suit property - Plaintiff by means of her title documents proved that she purchased basement/lower ground floor, right in common..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Legally wedded wife - Concurrent finding of Courts below that petitioner is legally wedded wife of respondent/husband - Cannot be set aside in revisional jurisdiction, as said finding is pure finding of fact...........
Criminal Procedure Code, 1973, Section 31 -- Concurrent running of sentences - Multiple sentences for imprisonment for life can be awarded for multiple murders or other offences punishable with life imprisonment - Life imprisonment so awarded cannot be directed to run consecutively - Such sentences would however, be super imposed over each other so that any remission or..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for cancellation of sale deed - Only dispute between parties relating to facts as to whether disputed sale deed was executed by original owner or it was executed by any impostor - Said question is not a question of law but is a question of fact, that can be decided on the basis of evidence adduced by parties,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 15, Specific Relief Act, 1963, Section 34 -- Suit for injunction - Railway authorities claiming suit land issued notice to plaintiff under 1971 Act - However, plaintiff instead of taking recourse of appropriate provision of law has instituted suit by..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Purpose and object - Prevent courts of concurrent jurisdiction from simultaneously entertaining and adjudicating upon the bilateral litigations in respect of same cause of action, same subject matter and same relief...........
Specific Relief Act, 1963, Section 37, 38, Civil Procedure Code, 1908, Section 100 -- Injunction - Concurrent finding whereby defendants restrained from dispossessing plaintiff except in accordance with law - However, finding that plaintiff can be evicted only under the provisions of H.P. Urban Rent Control Act, 1987, set aside - It is for the defendants to initiate..........
Criminal Procedure Code, 1973, Section 427 -- Concurrent running of sentences - S.427 Cr.P.C. is not applicable for ordering sentence awarded on previous conviction to run concurrently with the sentence awarded on subsequent conviction, as it is applicable to sentence awarded on subsequent conviction to a person already undergoing sentence...........
Criminal Procedure Code, 1973, Section 31(1) -- Single transaction giving rise to more than one offence - Concurrent running of sentence - Where a single action of accused gives rise to more than one offence under different enactments i.e under IPC, Bonded Labour Act and Child Labour Prohibition Act, sentences in all the offences would run concurrently and not..........
