Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 43 -- Rejection of plaint - Refusal to reject plaint - Order is not a decree - Appeal thereagainst does not lie...........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - Refusal to entertain plaint by rejecting the same on any of grounds U.O.7.R.11 CPC, is not an order disposing suit on preliminary point - Therefore, in setting aside said order and directing trial of suit on merits, appellate Court does not exercise power U.O.41.R.23 CPC...........
Indian Penal Code, 1860, Section 328, 354B, 385 -- Offence u/ss 328, 354-B, 385 IPC - Framing of charge - Allegations made by victim against accused are specific and she has assigned role to accused - Veracity of her statement could only be tested during course of her cross-examination - Accused and victim were known to each other prior to incident and thus, whether..........
Criminal Procedure Code, 1973, Section 111, 110(G) -- Notice u/ss 111, 110 Cr.P.C - Order contemplated u/s 111 Cr.P.C requires application of mind and has to be prepared and drawn up cautiously and carefully in compliance with provisions of S.111 Cr.P.C and order must contain reasons of Magistrate's satisfaction...........
Criminal Procedure Code, 1973, Section 111, 110(G) -- Notice u/ss 111, 110 Cr.P.C - Substance of information is the matter for issuance of show cause notice - If substance of information is not given in the order u/s 111 Cr.P.C, person against whom order has been made may remain in confusion and may not be able to give explanation...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Appeal against order granting bail - Factors which ought to have been considered while granting bail, not considered - There are allegations that family of deceased had been threatened on behalf of respondent No.2 - Bail granted to respondent No.2 is liable to be set aside...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Comparable sale deed - High Court while relying upon comparable sale deed, has not discussed the area of land sold by said sale deed - Even, High Court neither discussed sale consideration for which said sale deed was executed nor location of land is discussed - Only observation made by High..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 1 kg 600 gms Charas - Non-association of independent witnesses - Mere absence of non-association of independent witnesses will not be fatal to prosecution case - However, in such circumstance it is called upon Courts to assess version of available PWs on record more minutely in order to negate..........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profits - High Court reduced mesne profits on the ground that premises is residential, being used for residential purposes and construction is about 100 years old and report of approved valuer is with respect to commercial purposes and High Court did not at all considered market rate as per current potential of suit..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Order taking cognizance - Quashing of - Delay of 8 in filing complaint - Proviso (c) of S.138 of the Act speaks that for drawer of such cheque fails to make payment of said amount of money to payee or as the case may be, to holder in due course of cheque..........
