Criminal Procedure Code, 1973, Section 439, 438 -- Anticipatory bail - Interim order granting pre-arrest bail - Accused thereafter surrendered before trial Court and regular bail was granted - Held, when Supreme Court or High Court or Sessions Judge grants interim anticipatory bail and the matter is pending before that Court, there can be no occasion for the accused to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Two mandatory conditions are to be satisfied for granting bail u/s 37 of the Act i.e: (i) Court must be satisfied that there are reasonable grounds for believing that person is not guilty of such offence; (ii) that person is not likely to commit any offence while on bail...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Marriage and inability of wife to maintain herself not disputed - However, living separately by wife not justified - Wife willingly left husband and living with some other person alleged to be her new husband - Material made available by husband sufficient to rebut claim of wife for interim maintenance -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Court while considering prima facie case has to examine defence sought to be raised by defendant - However, Court cannot make observations regarding merits of document and plea raised by defendant as it is wholly unnecessary for the purpose of arriving at a finding regarding prima facie case - Such..........
Prevention of Money Laundering Act, 2002, Section 45, Criminal Procedure Code, 1973, Section 439(2) -- Bail - Grant of bail without compliance of requirements of S.45 of the Act of 2002 - Accused not only involved in the PMLA case but also in NDPS Act - Bail should not be granted to accused without complying with the requirements of S.45 of the PMLA - Impugned order of..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Single Judge passed the order and time given to Corporation for framing a scheme to absorb the respondent workmen as regular employees - Contempt petition was filed and disposed of by granting six months time to absorb the employees - Second contempt petition was disposed of without compliance of earlier order..........
Civil Procedure Code, 1908, Order 41, Rule 17(1) -- Appellate powers - Appeal questioning decree granting relief of right, title, possession - Neither of parties or counsel appeared on date fixed for hearing - First Appellate Court decided the appeal on merits and granted the relief prayed for - Statutory provisions only empowers First Appellate Court to dismiss appeal for..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of anticipatory bail - Petitioner did not made any misrepresentation while craving anticipatory bail - He appeared before I.O for investigation and original documents have been recovered - Neither accused misused liberty of bail nor violated any condition of bail order as portrayed while challenging order..........
Land Acquisition Act, 1894, Section 18, 23 -- Land acquisition - Compensation - State acquired land measuring 36 Bighas 12 biswas and accordingly compensation was paid to appellants - However, appellants claimed that State acquired 45 Bighas 3 Biswas land and claimed compensation - No documents were filed to prove in support of case of appellants as claimed by them - On..........
Examination -- Printing error or error of framing questions - Not to occur in future - A committee of Advocates to apprise Court with regard to an apposite foolproof mechanism by which no mistake occurred in future - `Foolproof mechanism' means as regards setting of question papers, so that no student has any grievance and question of granting any bonus marks does not..........
