Criminal Procedure Code, 1973, Section 482, Madhya Pradesh Prohibition of Cow Slaughter Act, 2004, Section 11(5) -- Application u/s 482 Cr.P.C - Maintainability - Confiscation order passed u/s 11 of 2004 Act - Provisions of Cr.P.C are specifically made applicable to 2004 Act - In the context of proceedings initiated under 2004 Act, there being no bar to exercise of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427 -- Dishonour of cheque - Conviction in 4 cases - Concurrent running of sentences - When the parties are common and dispute/complaints arise from one common transaction of lease amount, same can be construed as one transaction only for purpose of extending benefit u/s 427 Cr.P.C,..........
Criminal Procedure Code, 1973, Section 451 -- Release of vehicle - Vehicle involved in NDPS case - Registered owner of vehicle has been implicated but, Court feels that an indefinite seizure of vehicle will not serve any purpose - So far as request of Public prosecutor to furnish a bank guarantee, since small quantity of 13 gms of smack was found that too in possession of..........
Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 20, Rule 6A -- Compromise - Suit disposed of in terms of compromise but formal decree not drawn - Plaintiff to file an application u/s 151 r/w O.20.R.6-A CPC before the Court for drawing the decree in accordance with the order...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - In order to examine fact as to whether plaint discloses cause of action or not, plaint as a whole must be read...........
Criminal Procedure Code, 1973, Section 190(1) -- Cognizance of offence - Summoning order passed on a printed proforma by filling the blanks without application of judicial mind - Not sustainable in the eyes of law...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - JDs failed to put in appearance despite valid service - Submission of an application for setting aside ex parte order cannot qualify as good cause - If good cause is not shown then a party can be permitted to join proceedings prospectively...........
Civil Procedure Code, 1908, Section 107, Order 41, Rule 23, 27, 28 -- Remand of case - Court having allowed application U.O.41.R.27 CPC had two options contemplated U.O.41.R.28 CPC i.e either to record evidence itself or to direct Court from whose decree appeal had been preferred to record such evidence - However, despite allowing additional evidence U.O.41.R.27, appellate..........
Civil Procedure Code, 1908, Order 21, Rule 34 -- Execution - Decree for specific performance - Sale deed executed without objections being called for and considered - Contravenes the provision of O.21.R.34 CPC - Impugned order set aside - Executing Court directed to consider the objections of JD to draft sale deed - In case sale deed which has been executed on the strength..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - High Court while refusing to quash criminal proceedings in exercise of powers u/s 482 Cr.P.C and/or u/art.226 of Constitution, cannot pass an order that accused shall not be arrested until submission of final report...........
