Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2), Criminal Procedure Code, 1973, Section 227 -- Assets disproportionate to known sources of income - Discharge - Accused while serving as Minister of State acquired assets in his name and his wife and son far beyond their known source of income - Explanation offered by accused that he received the amount from his..........
Prevention of Money Laundering Act, 2002, Section 45, Criminal Procedure Code, 1973, Section 439(2) -- Bail - Grant of bail without compliance of requirements of S.45 of the Act of 2002 - Accused not only involved in the PMLA case but also in NDPS Act - Bail should not be granted to accused without complying with the requirements of S.45 of the PMLA - Impugned order of..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1(d) -- Ex parte decree - Setting aside - Dismissal of application in default - Appeal against said order, is maintainable...........
Civil Procedure Code, 1908, Section 141 -- Miscellaneous proceedings - Dismissal of application U.O.9.R.13 CPC in default - It is an order passed in miscellaneous proceedings, which is expressly included in S.141 explanation CPC - Even application U.O.9.R.9 CPC, for restoring application dismissed in default U.O.9.R.13 CPC is also a miscellaneous proceedings u/s 141 CPC...........
Criminal Procedure Code, 1973, Section 190, Indian Penal Code, 1860, Section 367 -- Cognizance of offence - As per FIR and statement of complainant, grievous hurt was caused at the time of kidnapping - Moreover, once prosecution has accepted that accused has committed offence of causing grievous hurt and kidnapping than ingredients of S.367 IPC are fulfilled - Order of..........
Civil Procedure Code, 1908, Order 21, Rule 46A -- Notice to Garnishee - Violation of Court's order of attachment by Garnishee - Recovery suit - In pursuance of notice issued, garnishee has to appear before Court and has to obtain clarification of order for safeguarding its interest, as per O.21.R.46-A CPC - In the absence of such a procedure being adopted by garnishee,..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 320, 34, 201 -- Framing of charges - Murder case - Reference to order of pre-arrest bail is of little consequence in the matter of framing of charges against petitioner on the basis of materials on record which give rise to a strong suspicion of commission of offence punishable u/ss 302, 34 IPC...........
Criminal Procedure Code, 1973, Section 304, Legal Services Authorities Act, 1987, Section 12 -- Right of legal aid - While pronouncing order of conviction and sentence, Judge should be saddled with corresponding duty to inform convict of his right to avail legal aid to prefer appeal against conviction if he is unable to do so with his own resources - Such duty of Court is..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Survey Commissioner - Disobedience of order of Court passed U.O.39.Rr.1, 2 CPC by raising new construction - Burden of proving a fact rests on the party who substantially asserts affirmative issues - Fact of disobedience of order of Court has been asserted by petitioners, as such burden to prove said fact rests..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Averments in plaint referring to an undertaking given in a letter to honour the cheques - No specific denial in written statement as to undertaking given in letter - Defendant failed to produce the original letter and instead a Xerox copy of said letter was filed - Deliberate attempt was made by..........
