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..........
Civil Procedure Code, 1908, Section 100, Order 2, Rule 2 -- Bar of subsequent suit - Second appeal - Subsequent suit filed in respect of same property as was in the earlier suit - Both the parties are also same - Even reliefs claimed in both the suits were in respect of same property - Second suit is barred U.O.2.R.2 CPC - Findings of Courts below are concurrent and well..........
Criminal Procedure Code, 1973, Section 438, 439 -- Bail u/ss 438 or 439 Cr.P.C. - Concurrent jurisdiction is invested in Sessions Court and in High Court - Normally a person/accused should exhaust his remedy before Sessions Court before making an application before High Court u/ss 438 or 439 Cr.P.C. - However, in exceptional circumstances accused can directly approach High..........
Criminal Procedure Code, 1973, Section 427 -- Concurrent running of sentence - It is only the Court which is empowered to direct that subsequent sentence shall run concurrently with such previous sentence...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Dispute as to title of suit property - Based on oral and documentary evidence, both the courts below recorded concurrent findings of fact that plaintiffs are the owners of `A' scheduled property - High Court committed error by ignoring the material evidence and by interfering with the..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings by Courts below are not usually interfered in second appeal - But it is not an absolute rule to be applied universally and invariably - If findings of Courts below are either perverse or not based on material on record the same are subject matter to be looked into in second appeal...........
Criminal Procedure Code, 1973, Section 31 -- Concurrent sentences - Discretion vests in Court to direct that punishment shall run concurrently when accused is convicted at one trial for two or more offences - Order of concurrently running of sentences is not required to be mentioned - If Court does not direct that sentences shall run concurrently then sentences shall run..........
Criminal Procedure Code, 1973, Section 31 -- Concurrent sentences - When prosecution is based on single transaction where it constitute two or more offences sentences are to run concurrently - Imposing separate sentences when acts constituting different offences form part of single transaction is not justified...........
Indian Penal Code, 1860, Section 498A, 306, Criminal Procedure Code, 1973, Section 31 - - Cruelty - Abetment of suicide - Concurrent sentence - Accused convicted u/s 498-A IPC and sentenced to 2 years and u/s 306 IPC for 7 years R.I - Considering facts of case sentences to run concurrently...........
Civil Procedure Code, 1908, Section 24 -- Transfer of a suit - Opposite party a practicing lawyer - Not a ground to transfer suit when there is no concurrent reason that said person in any manner may influence the proceedings of the matter - Transfer of suit not allowed as transfer of a case from one Court to another indirectly casts doubt on the competence and integrity..........
