Civil Procedure Code, 1908, Section 100, 151, Order 41, Rule 2 -- Second Appeal - This court can permit to incorporate substantial questions of law in the memo of appeal by pressing into service Order 41 Rule 2 read with section 151 CPC where the impugned judgment is absolutely without jurisdiction or cannot stand legal scrutiny...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35, 54, 15, Criminal Procedure Code, 1973, Section 313 -- Recovery of poppy husk - Recovery effected from truck driven by accused by whose side appellant was seated - In statement under Section 313 Cr.P.C. no question regarding conscious possession put to appellant - Appellant acquitted...........
Criminal Procedure Code, 1973, Section 133 -- Transportation of ore in overloaded trucks, causing nuisance, including air pollution and danger to life of villagers due to rash and negligent driving of said trucks - SDO passed order u/s 133 of the Code directing stoppage of mining transportation `or' to appear immediately to show cause - By corrigendum order, SDO..........
Civil Procedure Code, 1908, Order 21, Rule 32, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 12 -- Suit for permanent injunction - Decreed - Execution of decree passed against landlord restrain him from making holes, pulling down roof of shop - Tenant filed application under Order 21 Rule 32 - Roof of shop already fallen - Executing court directed tenant..........
Consumer Protection Act, 1986, Section 2(i)(b)(v) , 15, Succession Act, 1925, Section 306 -- Civil Procedure Code, 1908, Order 22 Rules 1 and 11 - Law Reforms (Miscellaneous Provisions) Act, 1934 - Complainant - Death of complainant - Appeal - Legal heirs - Maintainability of appeal - Cause of action - Medical negligence - Claim brought by deceased was not a claim for his..........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 326(3), 482 -- Dishonor of cheque - Summary trial - To be conducted as summary trial w.e.f. 6.2.2003 - Offence of dishonor of cheque committed before 6.2.2003 - No part of the trial held in a summary way and even accused never raised any objection to that - No prejudice can be said..........
Civil Procedure Code, 1908, Section 102 -- Suit for the recovery of Rs.20000/- dismissed - Appeal filed by plaintiff allowed - Second appeal not maintainable because of bar of Section 102 CPC which provides that no second appeal shall lie from any decree, when the subject matter of the original appeal is for recovery of money not exceeding Rs.25000/-...........
Civil Procedure Code, 1908, Section 60(1)(i) -- Execution of decree - Attachment of salary - Application for attachment of salary for recovery of decreetal amount of Rs.1,79,000/ - - Total salary of JD Rs. 5847/ - - The provision of Section 60(1)(i) CPC would apply in favour of DH - Salary of JD would be exempted towards first one thousand rupees and two thirds of the..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Claim by wife - Husband setting up written divorce agreement - Agreement that wife will not claim maintenance - Such an agreement is opposed to public policy and is against the required intendment of provisions of Section 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Consideration for grant of anticipatory bail and regular bail are not the same - Offences affecting the mankind, the environment, the forest wealth, the people at large, the safety and security of the nation, the economic stability of the country and the like are to be distinguished from the offences..........
