Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Anticipatory bail - CBI filed final report - Special Court issued summons for the appearance of accused - Apprehending arrest, appellants moved applications for anticipatory bail which was rejected -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Anticipatory bail - CBI filed final report - Special Court issued summons for the appearance of accused - Apprehending arrest, appellants moved applications for anticipatory bail which was rejected -..........
Civil Procedure Code, 1908, Order 34, Rule 7 -- Usufructuary mortgage - Redemption - Final decree - Mortgagee of usufructuary mortgage would not be entitled to file an application for final decree either for sale of property or to debar mortgagor from out right to redeem property - Such a right to file a final decree application is conferred upon mortagagee only for other..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Sought at the stage of final arguments - No explanation of due diligence for bringing amendment at the stage of final argument - Claim of typographical error/mistake is baseless and cannot be accepted - Application rightly rejected...........
Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Suspension of sentence during pendency of appeal against conviction - Recovery of 21 kg poppy husk - Accused had undergone total actual sentence of 4 months and 7 days - There is no case registered against him of similar nature - Appeal is admitted and it is..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 341, 323, 324, 325, 394, 201, 34 -- Cancellation of bail - Offence u/ss 341, 323, 324, 325, 201, 34 IPC - Subsequent FIR registered against accused after grant of bail - Second crime cannot be treated as overwhelming enough to impede fair trial in first crime for cancelling bail already granted..........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - Eviction decree - Appeal against eviction decree was listed for final arguments - Ends of justice would be met in case execution of order of ejectment passed by Rent Controller is stayed till decision of appeal - Execution petition stayed...........
Civil Procedure Code, 1908, Section 151, Order 13, Rule 3 -- Admissibility of document - Unregistered and insufficiently stamped document - Liberty is granted to raise objection in the course of suit proceedings as to admissibility of document or otherwise of document for want of registration in terms of S.17(1) of Registration Act, if it is open or otherwise permissible -..........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution till decision of appeal - Appeal is pending for final arguments - Ends of justice would be met in case stay of execution proceedings is granted till decision of appeal - Application allowed...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Criteria for deciding entitlement for default bail is completion of investigation and not filing of final report - Minor defects in final report will not entitle accused to bail - In case final report is returned for completing the investigation and not resubmitted, after curing defects, within stipulated..........
