Criminal Procedure Code, 1973, Section 439 -- Bail - Detailed examination of evidence and elaborate discussion on merits of case need not be undertaken for grant of bail - Court has to indicate in bail order, reasons for prima facie conclusion when bail is granted, particularly when accused is charged of having committed a serious offence...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff and defendant both filed injunction application against each other - Trial Court dismissed both the applications - Defendant felt aggrieved by dismissal of his application filed appeal which was allowed - Plaintiff felt aggrieved and filed writ petition - High Court in writ..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Eviction petition - Amendment of petition - Bonafide need - Plea to demolish and reconstruct allowed to be deleted by way of amendment - Mere fact that landlord intends to demolish the building and wants to start his business after reconstructing the same or that he wants to start business in the old building itself does not..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Husband is a Chartered Accountant and is running his own firm - Merely because wife is also working, husband cannot shun away from his responsibility - Quantum of maintenance awarded by Court below @ Rs.10,000 p.m to each wife and child is merely adequate and appropriate as he is entitled to..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 294, 34 -- Quashing of proceedings - Compromise - Attempt to murder - High Court quashed proceedings solely on the basis of compromise without considering the fact that said offences are no, compoundable - Even, High Court not considered the relevant facts and circumstances of case, more..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 447, 427, 511, 506, 148, 149 -- Summoning of additional accused - Offence u/ss 447, 427, 511, 506, 148, 149 IPC - Property dispute - Allegation that complainant forcibly dispossessed from shop in question - However, possession of petitioners over shop in question already declared by civil Court -..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 9, Rule 13 -- Suit for eviction - Bonafide need - Exparte order of eviction during pendency of first proceedings - Setting aside of - There is sufficient explanation for non-appearance of petitioners in present proceedings - Petitioners had deposited the arrears of rent and mesne..........
Criminal Procedure Code, 1973, Section 328, 329 -- Trial of case - Accused suffering from unsoundness of mind - Accused was suffering from Schizophrenia - Trial Judge did not permit accused to let in any evidence to prove factum of unsoundness of mind - Neither Superintendent nor treating doctor examined as a witness in Court - Procedure adopted by Sessions Judge from..........
Hindu Marriage Act, 1955, Section 24, Civil Procedure Code, 1908, Section 11 -- Interim maintenance - Second application - Applicability of constructive res judicata - In the earlier application wife demanded only litigation expense and there was no demand for interim maintenance - Demand of interim maintenance for herself and for child in the second application - Plea..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint for no, prosecution - Complainant was present in Court but she being hard of hearing, could not present herself before Court when case was called, as a result complaint was dismissed for no, prosecution - However, immediately next day..........
