Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Person is entitled to approach Sessions Court or High Court or even Apex Court, as the case may be praying for grant of appropriate protection from arrest inspite of there being no FIR registered against such person...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - High Court can grant transit anticipatory bail to a person apprehending arrest in a different State even when there is no FIR filed against him...........
Criminal Procedure Code, 1973, Section 482 -- Investigation - Stay - Grant of any stay of investigation and/or any interim relief while exercising powers u/s 482 Cr.P.C. would be only in the rarest of rare case...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 120B -- Second anticipatory bail application - Cheating - Custodial interrogation of applicants is required for recovery of cash and gold jewellery both together amounting to approximately Rs.1.10 Crores - There is no ground for grant of anticipatory bail to applicants at this stage -..........
Agreement to sell -- Specific performance - Jurisdiction of Court to grant decree of specific performance is discretionary but not arbitrary - Discretion must be exercised in accordance with sound and reasonable judicial principles. (Specific Relief Act, 1963, S.20)..........
Agreement to sell -- Specific performance - It is not always necessary to grant specific performance simply for the reason that it is legal to do so...........
Land Acquisition Act, 1894, Section 4 -- Acquisition of land - Permission for change of land use/licence/NOC/any other permission granted once would not grant any immunity to said land for all times to come from its acquisition by State if it is required for "Public Purpose" as private interest will have to make way for public interest, on to touch stone of regard for..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 147, 148, 149, 352, 323, 306, 504, 506 -- Anticipatory bail - Offence u/ss 147, 148, 149, 352, 323, 306, 504 & 506 IPC - Grant of anticipatory bail in a heinous case on the basis of CCTV footage produced by accused, without any kind of certification and/or authentication, ignoring the materials on..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Claim of damages - Trial Court declined to grant a decree for payment of damages as prayed by plaintiff - Said denial of payment of damages has never been subjected to challenge by plaintiff - Plaintiff ought to have questioned such denial of payment of damages by filing an independent appeal - Having not done so,..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Application u/s 438 Cr.P.C is limited to cause of applicant, applying for grant of anticipatory bail in connection with offence already registered against him and apprehending his arrest in connection with such a case for extraneous reasons or otherwise...........
