Civil Procedure Code, 1908, Order 21, Rule 11 -- Execution - Permanent alimony - J.D. if not the owner of properties whose list is furnished by D.H. then the same cannot be attached - J.D. living in U.K. - Court gave liberty to D.H. to file a fresh execution petition as and when any particulars of J.D. regarding his address in India or any property in India comes to notice..........
Contempt of Courts Act, 1971, Section 14(1)(c) -- Contempt of Courts(C.A.T.)Rules, 1992, R.15 - Contempt of Court - Procedure for trial - Appellant denied charges - He specifically staked claim to have a trial conducted on charge framed against him - However, no trial at all was conducted - Denial of right of trial which is contemplated u/s 14(1)(c) of the Act and also..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 29, 37 -- Recovery of 32 kg 960 gms charas - Order of framing of charge - Accused implicated on basis of confessional statement of a co-accused which is not admissible in evidence - He is owner of truck - Statement of co-accused to the extent it relates to recovery of charas that had been concealed inside..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 32 kg 960 gms charas - Bail - Order of framing charge against accused is upheld - It is thus, presumed that accused has been prima facie found to be involved in the conspiracy relating to possession of commercial quantity of contraband -..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for recovery of possession of suit land based on title - Plaintiff by producing allotment order has proved her title and by producing khatiyans has proved her possession over suit land - Allotment order is document of title and it can be accepted as document of title - Khatiyans are revenue record and it..........
Criminal Procedure Code, 1973, Section 482 -- Application for permission to go abroad was dismissed - Quashing of said order - Petitioner is an engineer who had returned from abroad earlier and also that he has an employment offer in hand which stands duly verified - Order passed by trial Court rejecting application is not sustainable and is quashed...........
Criminal Procedure Code, 1973, Section 482 -- Application for permission to go abroad was dismissed - Quashing of said order - Maintainability of petition - Application for permission to travel abroad has been declined would qualify as an interlocutory order and fall within ambit of S.397(2) Cr. P.C. - Revision against such order is barred and aggrieved person has no other..........
Constitution of India, 1950, Article 133 -- Acquisition of land - Direction to prepare proposal for acquisition of land in question - Land in question was acquired by private negotiations and possession was taken over by private negotiations - Amount of compensation was paid as far back as in the year 1981/1983 - As the documents which are now produced on record by way of..........
Criminal Procedure Code, 1973, Section 482 -- Dismissing of application u/s 482 Cr.P.C. - Delay in FIR - Cognizance of offence and Examining witnesses - JMFC held that the case could be decided without collecting evidence from the police but single judge set aside the order as the matter should be investigated on deposition complainant - Especially in cases alleging sexual..........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Inconvenience of Power of Attorney Holder, cannot be taken as a ground to order transfer of a case...........
