Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376D, 376, 511, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Interim bail - Medical ground - Rape case - Accused was given treatment in super specialty hospital - No shortcomings were found in medical treatment offered to accused, which could have been basis for..........
Criminal Procedure Code, 1973, Section 85(3), 482 -- Order u/s 85(3) Cr.P.C is amenable to an appeal u/s 86 Cr.P.C - Therefore, when there is a provision for redressing grievance, normally it is not permissible to exercise inherent jurisdiction u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 85(3), 482 -- Release of attached property - Denial - Case records were not traced without which an order passed dismissing application that too without knowing real impact of S.85 CrP.C - Accused was acquitted after order of attachment and he passed away later on - Issue whether accused appeared within two years and had shown..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo order - Vacation of - Occupancy rights given to petitioner on the ground that he is agricultural tenant of suit property - RTC extract shows name of respondent no.3 as a cultivator - No document was produced to indicate that there was an arrangement on crop sharing basis - Even property in question lost its..........
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of order taking cognizance - Points raised by accused cannot be considered by Court u/s 482 Cr.P.C - Proceedings cannot be quashed at this stage - Petition for quashing held, dismissed...........
Constitution of Jammu and Kashmir, 1957, Section 104, Jammu and Kashmir Civil Procedure Code, 1977 , Order 6, Rule 17 -- Amendment of pleadings - After issues have been framed - Court allowing amendment to incorporate claim regarding dispossession from suit property during pendency of suit - Since, plaint can be amended to introduce cause of action that arose during the..........
Constitution of Jammu and Kashmir, 1957, Section 104, Jammu and Kashmir Civil Procedure Code, 1977 , Order 6, Rule 17 -- Amendment of pleadings - After issues have been framed - Suit for declaration and permanent injunction - Court allowing amendment to incorporate claim regarding dispossession from suit property during pendency of suit, would not change nature of suit -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 27A, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 149 kg, Ganja from 19 packets - Representative samples not drawn from all the 19 packets - There is non-compliance of procedure of sampling provided under standing order which has statutory force and therefore, accused may not be..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Plea that O.38.R.5 CPC does not empower Court to pass any order affecting rights of the parties - Plea held, not tenable - If purely on legal grounds, an application for attachment before judgment is dismissed at the inception, without issuing a notice to defendant, certainly it will be an order..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Validity of order of attachment is directly dependent on compliance of procedure envisaged U.O.38.R.5(1) CPC - Thus, meticulous compliance of essential conditions and observance of procedure are mandatory...........
