Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 354 -- Rape - Anticipatory bail - Allegation by prosecutrix-teacher that petitioner-school owner ravished her on various occasions - Innumerable criminal and civil litigation pending between management of school and its staff members - FIR registered on the very day when services of..........
Criminal Procedure Code, 1973, Section 437(5) -- Cancellation of bail - Non-compliance of order passed in civil proceedings, cannot be made basis of cancellation of bail in a criminal case, particularly when said order is under challenge in Supreme Court and contempt proceedings were already initiated against accused...........
Civil Procedure Code, 1908, Order 18, Rule 3A -- Party as its own witness - Party can appear as its own witness after examination of other witnesses with permission of Court - Such permission may also be sought at later stage and if Court finds merit in the same it would not be debarred from acceding to such a prayer...........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Partition suit - Defendants alleged that some of properties are not partiable and they became exclusive owners of suit property after death of their father - In view of said stand, defendants shall begin first - Only when defendants lead some evidence in proof of their case, plaintiff shall be obliged to lead..........
Civil Procedure Code, 1908, Order 11, Rule 11, 21 -- Application seeking relief U.O.11.R.11 and in the alternative relief sought U.O.11.R.21 CPC - Relief not sought under both the provisions simultaneously - Relief U.O.11.R.21 can be granted after passing an order U.O.11.R.11 CPC - Even if both the reliefs were prayed simultaneously, Court ought to consider the relief..........
Indian Penal Code, 1860, Section 409, Criminal Procedure Code, 1973, Section 173(8), Haryana Civil Services (Punishment and Appeal) Rules, 1987, Rule 8, Haryana Panchayati Raj Act, 1994, Section 53, Constitution of India, 1950, Article 243 -- Misappropriation of funds - Disciplinary proceedings - Interpretation of `misconduct' committed by Sarpanch or a Panch is to be seen..........
Civil Procedure Code, 1908, Section 151, Order 14, Rule 5 -- Additional issue - Fact pleaded in plaint but not specifically denied - Application to frame additional issue rightly dismissed as there is no dispute at all inter-se parties with regard to said issue...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Necessary and proper party - Question of mistaken identity cannot be gone into in a suit for specific performance - Parties in question neither necessary nor proper party to lis, as plaintiff does not claim anything against them - Application dismissed...........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Husband willing to bear travel expenses for those hearings when presence of wife is required before trial Court - Husband cannot determine when wife is to attend the hearing - Husband liable to pay Rs.600/- for every visit which wife may make to attend the hearing - Husband directed to deposit..........
Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 482 -- Criminal breach of trust - Quashing of FIR - Development agreement - Amount of Rs.1 crore paid along with development agreement cannot be said to have been entrustment of property - Even otherwise, accused not used the amount nor misappropriate it contrary to any direction of law or..........
