Criminal Procedure Code, 1973, Section 439 -- Prevention of Terrorism Act, 2002, Section 50 - Bail - Accused prosecuted under POTA - Cognizance of offence taken on the date on which there was no sanction u/s 50 of POTA - Accused is entitled to bail...........
Indian Penal Code, 1860, Section 302, 304 Part II -- Murder - Bride burning - Prosecution alleged that sister-in-law and mother-in-law of deceased poured kerosene on deceased and set her on fire - Deceased rushed outside with flames on her person shouting for help - Accused did not try to save deceased - Relationship of accused and deceased not cordial - Case of stove..........
Indian Penal Code, 1860, Section 306, 498A -- Criminal Procedure Code, 1973 - Section 235 (2) - Sentence - New Plea - Order of conviction and sentence passed on same day - Appellant not seeking adjournment or time for making submission on the sentence - No grievance against passing of conviction and sentence on same day made before High Court either in Memorandum of appeal..........
Civil Procedure Code, 1908 -- Order 9 ,R. 13 - Transfer of Property Act, 1882, Section 52 - Ex parte decree - Lis pendens transferee - Locus Standi to move application for setting aside ex-parte decree - Held that a lis pendens transferee, though not brought on record under Order 22 Rule 10 CPC, is entitled to move an application under Order 9 Rule 13 to set aside a..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1) -- Detention order - Seizure of bags containing Indian currency notes from the detenu at the airport - Detenu, a lady, accompanied her husband on tour to Dubai from Mumbai - Even on two previous occasions the detenu lady had been to Dubai in the company of her husband, who is..........
Consumer Protection Act, 1986, Section 2(1),(d),(o) -- Commercial sites - Auction sale - Service - Sale price had not been paid at the time of auction but the balance amount was to be paid in the installments by the complainant - It is undisputed that the P.S.I.E.C was required to render services after issuance of the letter of the allotment - It could not be said that..........
Indian Penal Code, 1860, Section 406, 420 -- Quashing of proceedings under Section 482 Cr.P.C. - Complaint against Chief Manager of a Bank by an employee who was dismissed for misappropriation of Rs.2,00,000/- by misusing his official position, that his gratuity amount had been illegally withheld - Held that gratuity is a matter of calculations as per provisions of law and..........
Civil Procedure Code, 1908, Section 9 -- Electricity (Supply) Act, 1948, Sections 49 and 79 - Alternative remedy - Bar of jurisdiction of civil Court - Scheme of Settlement of Disputes of the grievance of consumers framed by the respondent Board in exercise of powers under Section 79(j) r/w Section 49 of the Act - Plea of the respondent Board that plaintiff has not..........
Succession Act, 1925, Section 208 -- Scope - The object of Part VII of the Act is to protect the property appertaining to large estates in case of a dispute as to succession - This part in some respect stands in a similar position of Section 145 Cr.P.C. with respect to certain specified properties, where its scope is large inasmuch as it embraces all properties movable and..........
Indian Penal Code, 1860, Section 361 -- Minor - Kidnapping - To constitute the offence it is not necessary to show that taking or enticing was by means of force or fraud - Persuasion by the accused person which creates willingness on the part of the minor to be taken out of the keeping of the lawful guardian is sufficient to attract the Section...........
