Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 120b, 420, Prevention of Corruption Act, 1988, Section 8, 13(1)(d), 13(2), Prevention of Money Laundering Act, 2002, Section 3, 4 -- Anticipatory Bail - In a case of money-laundering where it involves many stages of "placement", "layering i.e. funds moved to other institutions to conceal origin"..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW1 - Quashing of order recalling PW1 - FIR was lodged by PW1, who is not an eye witness against unknown persons and during investigation applicant came into light on the basis of circumstantial evidence - PW1 was examined and re-examined in most hasty manner in compliance of impugned order - There is no such reason..........
Civil Procedure Code, 1908, Section 34 -- Interest - Tribunal imposed interest @ 12% p.a. from date of filing of application till realization but interest would be @ 15% from date of order till payment, in case payment is not made within 60days from order - Held, interest payable @ 12% p.a. in view of observations made by Tribunal with effect from date of filing of claim..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Notice - Question of service of notice - It is a triable issue - Order quashing proceedings set aside...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Deletion of defendant Nos.4 and 5 as parties to suit - Cause of action pleaded against defendants No.4 & 5 - Plaintiff sought a decree against defendants No.4 & 5 - Order as to deletion of defendant Nos.4 & 5 set aside...........
Delhi Rent Control Act, 1958, Section 14(1)(a), Civil Procedure Code, 1908, Order 41, Rule 27, Slum Areas (Improvement and Clearance) Act, 1956 -- Eviction order - Slum area - Plea whether or not property located in a slum area was raised for first time through application U.O.41.R.27 CPC that too at appellate stage, both parties ought to have been given adequate..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Amendment sought that defendant has forcibly erected pole and laid wires on it - Amendment sought after five years of coming to know of erecting pole and laying wires on it - Delay in seeking amendment not explained - Amendment not permissible at this belated stage and moreover amendment is..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Non-impleadment of legal representative - Decree passed without impleading legal representatives of a deceased party by passing a specific order leads to a decree against a dead person and therefore it becomes a nullity...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Order passed U.O.9.R.13 CPC - Writ petition u/art 227 of Constitution - Maintainability - Order passed U.O.9.R.13 CPC is not an interlocutory order and same was not passed by Court below with consent of parties - Writ petition u/art 227 of Constitution is not maintainable against said order, as remedy of appeal u/s 19(1) of..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Order admitting appeal should specifically state what are questions of law on which appeal is admitted - Obviously if no substantial question of law arises then appeal has to be dismissed at threshold...........
