Criminal Procedure Code, 1973, Section 167(2), 22 - - Offence u/s 22 NDPS Act - Default bail u/s 167(2) Cr.P.C. - Challan not presented within stipulated period of 180 days - Accused gets indefeasible right to be released on bail, notwithstanding the presentation of challan by police during pendency of bail application...........
Criminal Procedure Code, 1973, Section 30, 31, 427, 428, Indian Penal Code, 1860, Section 64 -- Default sentence for non payment of fine - Held, imposition of term of imprisonment in default of payment of fine is not a sentence - It is a penalty which a person incurs on account of no, payment of fine - If such default sentence is imposed, undoubtedly, an offender must..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Sudden quarrel between husband and wife - Wife herself sprinkled kerosene oil on her - Accused lit the match stick - When wife caught fire husband tried to extinguish fire and took her to hospital - Accused was not having any intention to commit murder - Conviction altered from S.302 IPC to S.304(Part..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Dismissal of suit in default - Until the suit/appeal is re-admitted or an appeal is admitted after condoning the delay, the lis cannot be said to be pending...........
Indian Penal Code, 1860, Section 177, Criminal Procedure Code, 1973, Section 345 -- Concealment of order passed in an earlier petition u/s 482 Cr.P.C. - During the existence of that order petitioners preferred a criminal misc. writ petition and sought the same relief - Offence u/s 177 IPC is committed - As the offence was committed in Court and S.345 Cr.P.C. empowers a..........
Criminal Procedure Code, 1973, Section 167, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Recovery of contraband - Quantity of contraband recovered from accused falls within category of commercial quantity - Provision of S.36-A(4) of NDPS Act will apply - Held, application filed u/s 167(2) Cr.P.C before expiry of 180 days has been..........
Civil Procedure Code, 1908, Order 21, Rule 106 -- Execution - Dismissal in default - Remedy to recall order is available U.O.21.R.106 - However, it does not mean that D.H. has no right to apply afresh if time permits - It is settled law that if two remedies are available, a party can choose anyone of them...........
Civil Procedure Code, 1908, Section 11, Order 21, Rule 106 -- Execution - Dismissal in default without going into merits - Subsequent application filed within time - Held, dismissal of first execution application in default without adjudicating any rights of the parties does not operate as res judicata...........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross objections - Even when appeal is withdrawn or dismissed for default, the cross objections are still to be adjudicated upon on merits...........
Limitation Act, 1963, Section 5 -- Delay - Condonation - Petitioner negligent throughout - However, since the case has never seen the light of the day on merit and the same has been dismissed in default, therefore Court would prefer to direct that matter be decided on merit after condoning the delay...........
