Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Land acquired by Acquisition Authority much earlier to the plaintiff purchasing suit property - Proceedings in respect of land would be governed by Land Acquisition Act which is special and comprehensive Act - Remedy even for relief of injunction is not available before civil Court - Order rejecting..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Appeal against acquittal - Additional evidence at appellate stage - Complainant sought to produce income tax return and order of conviction of accused in some other cases for dishonour of cheque - Additional evidence, if considered does not improve the case of..........
Criminal Procedure Code, 1973, Section 437(5), 439(2) -- Addition of new offences when accused is on bail - Where accused is bailed out under orders of Court and new offences are added including offences of serious nature, it is not necessary that in all cases earlier bail should be cancelled by Court before granting permission to arrest an accused on basis of new offences..........
Criminal Procedure Code, 1973, Section 437(5), 439(2) -- Addition of new offences including serious offences when accused is on bail - Following procedure be adopted viz: (i) accused can surrender and apply for bail for newly added offences, in event of refusal of bail accused can directly be arrested; (ii) investigating agency can seek order from Court u/s 437(5) or..........
Criminal Procedure Code, 1973, Section 173(8), National Investigation Agency Act, 2008, Section 6(6) -- Further investigation - Addition of serious offences when accused is on bail - New offences under Unlawful Activities Act were added against accused - Central Government order issued in exercise of its power u/s 6(5) of the Act, by entrusting investigation to National..........
Criminal Procedure Code, 1973, Section 482, Bihar Building (Lease, Rent and Eviction) Control Act, 1983, Section 53(a) - - Quashing of order taking cognizance - Offence u/s 53(a) of the Act - Consumption of liquor has to be happen within State of Bihar as per S.53(a) of the Act - Whether charge that consumption of liquor has taken place within State of Bihar is made out..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraint order cannot be passed against a person who is not party to the litigation...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 1, Rule 10 -- Temporary injunction - Restraint order passed against appellants whose application for impleadment was pending - Restraint order cannot be passed against a person who is not party to the litigation as it is against basic tenets of law besides gross violation of principles of..........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge from S.306 IPC to S.302 IPC - Alteration has completely changed nature of case set up by prosecution - It is not a case where evidence emerged suddenly during course of trial, but version of PW1 from beginning alleged forcible administration of poison to victim, however, during investigation it was found..........
Civil Procedure Code, 1908, Order 9, Rule 3, 4, Hindu Marriage Act, 1955, Section 13(1), Family Courts Act, 1984, Section 7(1)(g) -- Suit for divorce - Dismissal in default - Application for restoration - Parallel proceeding of child custody still pending, judgment is not pronounced therefore bonafide belief of petitioner cannot be unnoticed - Parties must be given a fair..........
