Criminal Procedure Code, 1973, Probation of Offenders Act, 1958, Section 360 -- Release on probation - Object of law in realeasing the convicts on probation is to ensure reformation - But if the Court comes to the conclusion that the release would become counter productive or it would not be in the interest of the society, the benefit of provisions of Offenders Act or of..........
Opium Act, 1878, Section 9, Criminal Procedure Code, 1973, Section 297(2) -- Criminal - Search and seizure - Link evidence - Affidavit - Recovery of 8 gunny bags of poppy husk from truck - Verification in the three affidavits relied upon by the prosecution not in conformity with Section 297(2) Cr.P.C. - These affidavits not admissible in evidence - Excluding these..........
Civil Procedure Code, 1908, Section 152, 47, Order 7, Rule 3, Civil Procedure Code, 1908, Section , Order 20, Rule 3 -- When suit as to immovable property decreed and property not definitely identified - Defect in Court record caused by overlooking of provisions contained in Order 7 Rule 3 and Order 20 Rule 3 - Capable of being cured - Resort can be had to Section 152 or..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 34, 32 -- Decree for specific performance of contract for sale of immovable property - Draft sale deed accompanied by a notice requiring objections to be made by judgment-debtor as provided by sub-rule (2) of Rule 34 of Order 21 not caused to be served by Court - Judgment-debtor repeatedly insisting on draft sale deed..........
Criminal Procedure Code, 1973, Section 199(1), Penal Code, 1860, Section 500 -- Defamation - Complaint - Power of Attorney - Complainant, against whom malicious and defamatory imputations and insinuations published, a person employed in Dubai - Complaint filed by him through his power of attorney held not offending Section 199(1) Cr.P.C. and is competent...........
Civil Procedure Code, 1908, Order 3, Rule 2 -- Evidence Act, Section 118 - Right of holder of power-of-attorney to prove transaction - Power-of-attorney holder present when transaction had taken place i.e. pronote and receipt executed - Competent to depose regarding execution of pronote and receipt as well as receipt of money - Plea that holder of power-of-attorney cannot..........
Criminal Procedure Code, 1973, Section 133(I)(ii),138 -- Modification/alteration of order - It is permissible to read into Sections 133(1) (ii) and 138 a power to modify/alter an earlier final order passed under Section 138 if the necessary circumstances are established satisfactorily...........
Criminal Procedure Code, 1973, Section 464, Penal Code, 1860, Section 302,34 -- Framing of charge - Error in framing of charge - Murder - Common intention - Appreciation of evidence - Evidence available on record showing concerted action by reason of simultaneous conscious mind of persons participating in the action to bring about the death of the deceased - This piece of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction against Gram Panchayat in a suit for permanent injunction - Land in dispute Shamilat Deh within meaning of Section 2(g) Punjab Village Common Lands (Regulation) Act and vests in Gram Panchayat - Plaintiffs-residents of the village not entitled to grant of any interim injunction - Punjab Village Common..........
Criminal Procedure Code, 1973, Section 468, Penal Code, 1860, Section 406 -- r/w 109 - Cognizance of Offences - Limitation - Quashing of complaint - No explanation rendered as to why the complainant waited for a period of about seven years for filing the complaint - Period of limitation for offence u/s 406 r/w 109 IPC has to be counted after the expiry of period of three..........
