Civil Procedure Code, 1908, Section 144, 151 -- Restitution - Construction raised in the garb of ad interim injunction - Thereafter suit dismissed for default - Removal of construction raised in the garb of ad interim injunction - Petition under section 144 is not maintainable unless there is any decree or order passed by a competent court of law which is either varied or..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Electricity Act, 1910, Section 24 - Compensation - Electricity bill - Demand of arrears - If a demand is not raised due to any error/omission on the part of Electricity Board but the demand is otherwise just they were justified in raising the demand - Consumer had used the electricity supply - He must pay the..........
Civil Procedure Code, 1908, Section 94, 141 -- Appeal - Dismissed for default - Restoration application pending - Ad - interim injunction sought for - Restoration application falls within the meaning of proceedings as envisaged under section 141 - Section 94 CPC has no application to such proceedings - Court not competent to grant injunction - Under order 39 rule 1, 2 CPC...........
Indian Penal Code, 1860, Section 376 -- Rape - Testimony of prosecutrix - The version of the victim in an offence under Section 376 IPC should not be equated to that of an accomplice - It should be believed since the victim can give the best testimony of what was perpetrated on her...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 29 -- Dishonour of cheque - Power of Magistrate to impose sentence of fine exceeding Rs.5000/- - Accused convicted under Section 138 of N.I. Act - Magistrate can only impose a sentence of fine not exceeding Rs.5000/- - In view of provisions of S.29 Cr.P.C. imposition of penalty or fine of..........
Indian Penal Code, 1860, Section 376, 511 -- Rape - Attempted rape - The accused with intent to commit rape to satisfy his lust laid the victim, a 11 years girl, on the ground over the shawl - Tore her salwar, opened his pants, laid over her - It is only when the mother of the victim calling and looking for the victim reached near the spot that he got up from the body of..........
Indian Penal Code, 1860, Section 304 Part I and Part II -- Distinction - If an injury is inflicted with the knowledge and intention that it is likely to cause death, but with no intention to cause death the offence would fall u/s 304-I - However, if there is no intention to cause such an injury, but there is knowledge that such an injury can cause death, the offence would..........
Consumer Protection Act, 1986, Section 2(1)(g), 3 -- Sick Industrial Companies (Special Provisions) Act,1985, Section 22 - Sick Industrial unit -Complaint against - Section 22 of the Act of 1985 does not place bar on hearing a complaint filed under the provisions of CP Act...........
Criminal Procedure Code, 1973, Section 319 -- Penal Code, 1860, Section 307 - Summoning as additional accused - Neither order containing any reason for invoking powers u/S.319 Cr.P.C. nor specific materials pointed out for coming out to the conclusion that the accused-petitioners are involved in the commission of the offence - Only one of the petitioners Jaikesh appears to..........
Criminal Procedure Code, 1973, Section 482 -- Penal Code, 1860, Sections 406, 420, 494, 498-A and 148 - Dowry Prohibition Act, 1961, Sections 3, 4 and 6 - Summoning order - Quashing petition - Matrimonial dispute - Petitioner No.1 and respondent No.2 have resolved their differences by way of bona fide settlement - To permit the prosecution of FIR to continue would be an..........
