Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 304A, 498A, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cancellation of bail - Dowry death - Allegation against mother-in-law - Accused is a lady of 55 years of age - Husband and two co-accused were already granted bail - If trial Court was satisfied that accused was entitled to concession..........
Civil Procedure Code, 1908, Order 26, Rule 9, Constitution of India, 1950, Article 227 -- Refusing to appoint local commissioner - Revision - Maintainability - Neither any issue has been decided nor rights of parties adjudicated in refusing to appoint local commissioner - Revision against such an order is not maintainable...........
Civil Procedure Code, 1908, Order 47, Rule 5, Bombay High Court Rules, Rule 3(1) -- Chapter 30 - Proviso - Review - Where an application was preferred by any of parties that review may be heard by Judge who had decided the matter and had passed order from which review arose, matter ought to have been placed before Chief Justice on administrative side rather than order..........
Civil Procedure Code, 1908, Order 38, Rule 5, 6 -- Attachment before judgment - Recovery suit - Property offered as a security is inadequate and less than 1/3rd of suit claim - Order of attachment of property before judgment is proper...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - Suit for permanent prohibitory injunction - Contention that Lower appellate Court has committed a manifest illegality in considering third case not pleaded by parties - However, lower appellate Court has taken into consideration oral evidence as well as circumstances in order to find out..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4, 11 -- Substitution of LRs - Legal Representative brought on record in an appeal filed against order refusing to grant temporary injunction - Such impleadment will enure towards the proceedings in the suit itself...........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13B -- Ex parte decree of divorce by mutual consent - Setting aside - (i) Petition u/s 13-B of the Act not supported by an Affidavit; (ii) Wife not aware of the filing of petition; (iii) wife has not given her consent for divorce by mutual consent; (iv) wife never appeared before Court; (v)..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Unilateral cancellation of bail order without hearing accused cannot withstand legally...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 413, 471 -- Anticipatory bail - Cheating - Allegation against petitioner is that she committed forgery of a document which is to be used in transferring an immovable property, though her case is of a complete denial - In order to ascertain whether offences have been really committed by..........
Prevention of Money Laundering Act, 2002, Section 3, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 3 of PML Act - Quashing of proceedings - Person by handing over money with intent of giving bribe, will be assisting or will knowingly be a party to an activity connected with the proceeds of crime in view of S.3 of PML Act - Role played by such person thus, would..........
