Prevention of Corruption Act, 1988, Section 19(1), Criminal Procedure Code, 1973, Section 197 -- Sanction to prosecute - Since there is no authority competent to remove a Member of Parliament and to grant sanction for his prosecution under Section 19(1) of the Prevention of Corruption Act, 1988, the court can take cognizance of the offences mentioned in Section 19(1) in..........
Civil Procedure Code, 1908, Section 144 -- Decree for restitution under Section 144 CPC indivisible - Such decree cannot be interfered with unless all the parties in whose favour such decree was passed are before the Supreme Court in appeal...........
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(e), Criminal Procedure Code, 1973, Section 167(5) -- As amended by Section 4 of West Bengal Act 24 of 1988 - Non completion of investigation within prescribed time of 2 years - Discharge - Time to commence either 'from the date of arrest of the accused or the date when he made his appearance in Court' - Means only..........
Indian Penal Code, 1860, Section 302, 307, 324, 34, Haryana Canal and Drainage Act, 1974, Section 24 -- Digging of khal by accused - On protest complainants assaulted - Accused claiming right of private defence on being assaulted by complainant and others - Patwari, a prosecution witness deposed that life demarcated land two days prior to date of incident - His statement..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for specific performance - Ready and willing - Amendment of plaint sought in appeal - Held, amendment inserting the relevant averments under Section 16(c) of the Specific Relief Act does not change the cause of action and would be legally permissible...........
Civil Procedure Code -- Amendment of plaint in a suit for specific performance - Averment under Section 16(c) Specific Relief Act regarding plaintiffs readiness and willingness to perform his part of contract not originally pleaded - Amendment inserting relevant averments under Section 16(c) - Does not change cause of action - Legally permissible as laid down in Gajanan..........
Specific Relief Act, Section 16(c) -- Plea that plaintiff ready and willing to perform his part of contract - Not originally pleaded - Amendment of plaint inserting relevant averments under Section 16(c) - Locus standi of subsequent purchaser to challenge - Re - consideration of decision in Jugraj Singh's case (1995) 2 SCC 31 by a larger Bench - Question left open - Civil..........
Criminal Procedure Code, 1973, Section 195(1)(b)(ii) -- Prosecution in respect of a forged document produced in Court - The bar contained in Section 195(1)(b)(ii) of the Code is not applicable to a case where forgery of the document was committed before the document was produced in a Court...........
Civil Procedure Code, Section 34 -- Not applicable to mortgage suits - Section 34 applies to simple money decrees and payment of interest pending such suits...........
Civil Procedure Code -- Order 34 - Interest on mortgage suits, pendente lite and future - Discretionary power given to Court under Order 34 Rule 11 to cut down rate of interest - Independent power - Neither traceable to Section 74 Contract Act nor to any power in Usurious Loans Act, 1918, nor to any State statute - Not obligatory on part of Court while passing preliminary..........
