Criminal Procedure Code, 1973, Section 235 -- Judgment of conviction - Death sentence - Accused heard on quantum of sentence immediately after delivery of judgment of conviction - Even sentence awarded to accused without examining merits of appeal filed by accused and without determining whether accused have been rightly convicted or not - Impugned order of awarding death..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Person applying for order of attachment U.O.38.R.5 CPC should necessarily establish that there is reasonable chance of decree being passed against defendant in the suit...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - When incorporeal or intangible asset is sought to be attached then merely because property is incapable of division or appointment as in the case of movable or immovable property is not a valid ground for refusing order of attachment U.O.38.R.5 CPC...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Territorial jurisdiction - Cheque issued at a place in Kerala and presented for encashment at Bangalore where complainant had its office - Complaint filed at Gurgaon - Compliant filed at Gurgaon just to harass and putting undue pressure upon accused -..........
Civil Procedure Code, 1908, Section 151, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Additional evidence - Dismissal of application - Eviction petition - Landlord seek to lead additional evidence in respect to property purchased subsequent to closure of their evidence - Landlord want to lead additional evidence in respect of necessity of son and..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Maintainability of petition - High Court Registry cannot exercise power to answer maintainability of petition, as it is realm of Court - Power of judicial function cannot be delegated to the Registry - Order rejecting numbering/registration of petition by Registry set aside - Registry directed to number the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Status quo order - Order of status quo not be passed without clarifying which party is in possession of the property...........
Civil Procedure Code, 1908, Order 23, Rule 1, 2 -- Withdrawal of suit with liberty to file fresh suit - Order allowing withdrawal of suit will not affect law of limitation - If a fresh suit is filed plaintiff is bound by the law of limitation as if the first suit had not been instituted...........
Civil Procedure Code, 1908, Order 21, Rule 97, 103 -- Execution - Third party objections - Order U.O.21.R.97 CPC amounts to deemed decree within meaning of O.21.R.103 CPC and it shall be subject to same condition as to an appeal or otherwise as if it were a decree...........
Criminal Procedure Code, 1973, Section 144 -- Imposition of prohibitory order - District Magistrate imposed restriction for purpose of completion of Lok Sabha Election 2019 - Intention behind such order is to ensure public tranquility and avoid breach of peace, thereby ensuring that there is no endangerment to human life or property - Said restriction thus, cannot be held..........
