Criminal Procedure Code, 1973, Section 102, 482 -- Defreezing of bank account - Petitioner organization was actually running 103 educational institutions and more than a dozen primary health centers - Order of attachment was stayed as regards salary and institutional expenses by interim order - Petitioners were directed to maintain proper and complete statements of..........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Unsoundness of mind - Enquiry as to - Case of plaintiff falls under second part of O.32.R.15 CPC and thus, Court has to make an inquiry whether she is in fact so - Since no inquiry was made by trial Court when issue was raised before it as such order rejecting application set aside - Matter remanded for decision afresh after..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Summoning of accused - Without conducting an inquiry u/s 202 Cr.P.C - Affidavit not filed in lieu of enquiry - Summoning order quashed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 506 -- Quashing of summoning order - Offence u/ss 406, 506 IPC - Allegation of non-payment of salary and provident fund to complainant after resignation - No prima facie evidence on record that after resigning from company of accused, complainant joined another company and shared confidential..........
Criminal Procedure Code, 1973, Section 82 -- Proclamation - Court which issues proclamation u/s 82 Cr.P.C must record its satisfaction that accused in respect of whom proclamation is made, is absconding or concealing himself to evade his arrest and in case Court decides to issue proclamation, it must mention the time and place for appearance of accused in the order itself..........
Criminal Procedure Code, 1973, Section 125 -- Order granting maintenance to wife - Revision - Court at the revisional stage had not conclusively determined the rights of parties - If any new fact with regard to the income of parties is brought to the notice of Court below at any subsequent stage, Court would definitely consider it before recording a final conclusion with..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - While deciding criminal revision against order passed u/s 125 Cr.P.C or corresponding section under Domestic Violence Act, Court shall take into consideration the present income of husband and wife for determining maintenance payable to wife and children...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff claims to be absolute owner of suit property having acquired the same under registered gift deed from her husband - However, there is no reference to source of title of husband of plaintiff as per said gift deed - Even, there is no other document filed to show that husband of plaintiff or..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff is seeking injunction against true owner, as neither possession of plaintiff recorded in revenue records nor he claimed any title in suit land - He has not even made any attempt to identify the extent or boundaries of land which he claims to be in his possession - Merely on the basis of..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8(c), 20(b)(ii)(c), 29(1) -- Contraband - Anticipatory bail - Contraband recovered was well in excess of commercial quantity - Accused has criminal antecedents and he was already arraigned in two previous cases under NDPS Act - High Court while granting bail to..........
