Criminal Procedure Code, 1973, Section 439 -- Bail - If there are serious allegations against accused, even if he has not misused the bail granted to him, such an order can be cancelled by same Court that has granted the bail...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Can also be revoked by a superior Court if it transpires that Courts below have ignored the relevant material available on record or not looked into the gravity of the offence or the impact on the society resulting in such an order...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Double murder case - All the accused have remained in custody for less than three years for such a serious offence of double murder for which they have been charged - Accused have previous criminal history and there have been allegations that three of accused herein have threatened one of the key eye-witnesses in open..........
Stamp Act, 1899, Section 47A(3) -- Stamp duty - Determination of nature of land - Residential or agricultural - Spot inspection by authorities is the key factor in determining the true nature of land or property - Khasra record should not be blindly accepted as accurate on the basis of its description in the official record without validation from on-site inspection - Land..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Interim order of deposit of rent - Trial Court without deciding an application for temporary injunction passed order directing vendee to deposit the rent - It was not appropriate to pass such an order directing vendee to deposit rent after collecting it from tenants particularly when sale deed has..........
Criminal Procedure Code, 1973, Section 128, 125, 127 -- Enforcement of order passed u/s 125 or S.127 Cr.P.C - Territorial jurisdiction - Order passed u/s 125 Cr.P.C or S.127 Cr.P.C can be enforced by Executing Court even if party against whom such order is made resides outside its jurisdiction...........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Sufficient evidence on record to justify repudiation of claim by insurance company on the basis of exclusion clause - Surveyor was examined as RW1 and his evidence remained un-rebutted - Surveyor's report was evidence tendered by insurance company and there is sufficient evidence to indicate that..........
Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, Section 122(C)(6) -- Cancellation of allotment of land - Limitation - Authorities initiated the proceedings for cancellation of allotment on the basis of report of Lekhpal after 13 years from the date of allotment - Though there is no limitation fixed for initiation of proceedings under UPZALR Act, however,..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Withdrawal of prosecution against company is a product of Court not a prayer of complainant - Complainant cannot suffer adversely for fault of a Court - Order of withdrawal of complaint qua Company set aside and trial Court directed to dispose of complaint within three months...........
Criminal Procedure Code, 1973, Section 125, 362 -- Dismissal of petition for non prosecution - Recall of order - Embargo contained u/s 362 Cr.P.C is relaxed in proceedings u/s 125 Cr.P.C - Court having not become functus officio after passing of final order as such recall application filed seeking restoration of case u/s 125 Cr.P.C, cannot be rejected by assigning a reason..........
