Indian Penal Code, 1860, Section 390 -- Robbery - Actual theft is not necessary concomitant of robbery - If in order to commit theft, actual hurt is caused or a person is put to instant fear of hurt or wrongful restraint, still it amounts to robbery...........
Indian Penal Code, 1860, Section 394, 450 -- Offence u/ss 394, 450 IPC - Accused had broken window of house and entered inside the middle of night and was searching inside the house with a lighter in order to commit theft - Injuries were inflicted on eye witnesses - Prosecution clearly established offence u/ss 394, 450 IPC - Considering injuries inflicted on neck of PW1,..........
Indian Penal Code, 1860, Section 419, 465, 471, 420, 468, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of order taking cognizance - Dispute emanated from civil dispute - However, if any mischief is alleged to be committed in execution of sale deeds, a criminal action may follow suit, which is to be examined during and in course of enquiry and trial..........
Service -- Cancellation of appointment - Involvement in criminal case - Mere acquittal does not entitle an employee to reinstatement in service - Order of cancellation of appointment is proper...........
Hindu Marriage Act, 1955, Section 24 -- Interim maintenance to husband - Wife produced income tax assessment of husband for the last four years - High Court in appeal cannot look into the material which is not produced in trial Court but High Court looked into the returns as matter involves payment of maintenance and wife did not have legal assistance before Family Court -..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Petitioner is neither named in FIR nor informant who is an eye witness has named any one in his statement recorded u/s 161 Cr.P.C - He was implicated by injured in his statement recorded u/s 161 Cr.P.C after 21 days of incident - Petitioner was identified in CCTV footage and presence of..........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - Eviction decree - Appeal against eviction decree was listed for final arguments - Ends of justice would be met in case execution of order of ejectment passed by Rent Controller is stayed till decision of appeal - Execution petition stayed...........
Civil Procedure Code, 1908, Section 148, Specific Relief Act, 1963, Section 28 -- Decree of specific performance - Extension of time to deposit balance sale consideration - Delay of 853 days in filing application - No sufficient explanation given for delay in filing application for extension of time - Nothing on record to show that in between any notice was given to..........
Criminal Procedure Code, 1973, Section 173, 156 -- Investigation - Constitutional Courts may order further investigation/re-investigation/de novo investigation even after charge sheet is filed and charges are framed...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - An erroneous order may be subjected to appeal before Higher forum but cannot be subject matter of review U.O.47.R.1 CPC...........
