Civil Procedure Code, 1908, Order 26, Rule 9 -- Survey Commission - When dispute is regarding identity of property Court should issue survey commission and get the property surveyed...........
Criminal Procedure Code, 1973, Section 300, Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420,406 -- Accused tried for offence u/s 138 of NI Act - Subsequently prosecuted for offence u/ss 406/420 IPC - It is not double jeopardy - Double jeopardy is only when ingredients of the offence in earlier case as well as in the latter case are the..........
Civil Procedure Code, 1908, Order 13, Rule 2 -- Production of document - Refusal to - Validity - Document sought to be produced being draft of sale deed allegedly having handwritten corrections and cuttings and was unsigned - Alleged draft deed had not been filed with application - Name of Advocate who was alleged to have made corrections had also not been disclosed -..........
Civil Procedure Code, 1908, Order 6, Rule 1,2 -- Pleadings - Suit for possession - Details to be included - These are only Illustrative and not exhaustive : (a) who is or are the owner or owners of the property; (b) title of the property; (c) who is in possession of the title documents; (d) identity of the claimant or claimants to possession; (e) the date of entry into..........
Civil Procedure Code, 1908, Section 152, 153 -- Compromise petition - Clerical error - Correction - Power of Court - Held, power u/ss 152 and 153 of CPC would also extend to correction of clerical error in compromise petition even at instance of one party, if identity of suit property is not in dispute and does not at all substitute subject matter of dispute rather..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Promoters of companies took loan from PICUP by flouting various companies - One of the promoters is under custody - Plea by applicant that he was not aware about identity of co-accused - Co-accused was real brother of applicant - He opened bank account in name of company - He has given his father's name in bail..........
Consumer Protection Act, 1986, Section 2(1)(g), 3 -- Additional remedy - Complicated questions of facts and law - Plot allotment - Sale deed - Execution of - Held that the consumer complaint can be entertained though a civil suit on the same cause of action may also can be filed - It does not mean that the CP Act, 1986 gives lee-way to circumvent the regular procedure of..........
Sikh Gurudwaras Act, 1925 -- Guru Granth Sahib - Juristic person - Held, juristic person itself connotes recognition of an entity to be in law a person which otherwise it is not - It is not an individual natural person but an artificially created person to be recognized in law as such - It is a creation of law necessitated for human development - Installation and adoration..........
Registration Act, 1908, Section 32 -- Sale deed - Registration - Buyer and seller need not to present photo identity cards as it is not so required under the statute and cannot be insisted upon unless it is shown that a photo identity card can be issued under any statute or guidelines issued by the Government...........
Evidence Act, 1872, Section 9 -- Identification of voice - Is possible if there is evidence to suggest and indicate that witness was closely acquainted with accused to identity him from his voice and that too from short replies...........
