Civil Procedure Code, 1908, Section 24 -- Transfer of case - Plaintiff sought transfer of case filed by him to try along with partition suit filed by defendants - Issues in both the suits are common, as dispute is in respect of un-registered Will - If both the suits are tried at different Courts, it may lead to conflicting judgments - Though Court cannot direct clubbing of..........
Clarification of order passed by Supreme Court -- Application by third party - Law laid down by S.C is binding on all u/art 141 of Constitution, but before applying law, Court where proceedings are pending is required to test applicability of law declared by S.C on basis of facts of a particular case - Applicant cannot be permitted to seek clarification of order of S.C by..........
Criminal Procedure Code, 1973, Section 374 -- Appeal against conviction - Appeal cannot be left pending just because a collateral issue or a question of mere procedural importance has cropped up which may demand calling for further evidence and may require inquiry...........
Indian Penal Code, 1860, Section 452, 323 -- Offence u/ss 452, 323 IPC - Allegation against accused are of trespassing into bedroom of complainant and inflicting injuries to her - However, civil litigation between husband of complainant and accused with regard to house in question is pending - Present FIR is counter blast to the FIR lodged by accused against complainant -..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Amendment to S.148 of the Act is merely procedural and hence it's application would be retrospective in nature and would apply to all pending appeals as well...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Dismissal of application for bail at the time when investigation was pending - Order of discharge set aside by High Court - Accused not indulged in any unlawful activity when he was a free man during this period - Bail granted...........
Punjab Pre-emption Act, 1913, Section 4 -- Right of pre-emption - Plaintiff claiming his superior right to pre-empt the sale on the ground of being co-sharer in joint khewat - However, pending the suits, defendant filed the suit for partition before Revenue Court and khewat in dispute remained no more joint - Trial Court and Appellant Court rightly held, that plaintiff did..........
Prevention of Food Adulteration Act, 1954, Section 19(2) -- Sample of pan masala - Protection available to vendor - Vendor sold the packed item after purchasing the same from manufacturer having a written warranty as prescribed under the Act and Rules - He had protection available u/s 19(2) of the Act - Nothing was pointed out to show that manufacturer, distributor or..........
Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2), 13(4), Security Interest (Enforcement) Rules, 2002, Rule 9(5) -- Auction - Fails to pay amount of bid - Forfeiture of amount - Recovery of the amount - The appellant has come with the bona fide defence that he was never informed on the date when the auction was held or day thereafter that the..........
Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2), 13(4), Security Interest (Enforcement) Rules, 2002, Rule 9(5) -- Auction - Fails to pay amount of bid - Forfeiture of amount - Recovery of the amount - The appellant has come with the bona fide defence that he was never informed on the date when the auction was held or day thereafter that the..........
