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..........
Probation of Offenders Act, 1958, Section 4 -- Criminal Procedure Code, 1973, Section 357 - Penal Code, 1860, Sections 218 and 120-B - Probation -Compensation - Offence u/S.218/120-B IPC - Incident 25 years old - It is not proper to send petitioners to custody at this stage - Complainant can sufficiently be compensated with compensation - Petitioner will be released on..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Transferee pendente lite - Impleadment - Principles governing : Firstly, for the purpose of impleading a transferee pendente lite, the facts and circumstances should be gone into and basing on the necessary facts, the court can permit such a party to come on record, either under..........
Criminal Procedure Code, 1973, Section 468 -- Penal Code, 1860, Sections 406, 498-A r/w 34 - Limitation - Cause of action - Complaint u/Ss.406/498-A/34 IPC - Wife was persuaded to withdraw her earlier complaint on 19.5.1990 with an assurance that the dispute has been amicably resolved -Later on, she was compelled to leave her matrimonial home on account of maltreatment and..........
Arbitration and Conciliation Act, 1996, Section 9 -- Civil Procedure Code, 1908, Section 20 - Arbitration proceedings - Territorial jurisdiction - Recovery proceedings - Prime contract of which sub-contract forms part was executed at Delhi and part payments were also made in New Delhi - Besides, the restrain/attachment order is being sought in respect of respondent's money..........
Land Acquisition Act, 1894, Section 31, 53 -- Indian Contract Act, 1872, Section 59 & 60 - Code of Civil Procedure, 1908, Order XXI Rule 1 - Provisions of Section 28, 31 & 34 of the Land Acquisition Act and Order XXI Rule 1 CPC are inconsistent with each other - Section 53 of the Act excludes the applicability of provision of CPC, which are inconsistent with the provisions..........
Criminal Procedure Code, 1973, Section 408 -- Criminal case - Transfer of criminal case - Power of Sessions Judge to transfer a case in same Sessions Division - Held that an interested litigant is entitled to invoke Section 409 of the Code before the Sessions Judge for the purpose of withdrawing or recalling cases including revision and appeals already made over to an..........
Criminal Procedure Code, 1973, Section 407 -- Transfer of case - Unless the litigant first moves the Sessions Judge u/ss 408 or 409 of the Code, an application for transfer under Section 407 of the Code before the High Court is not maintainable...........
Criminal Procedure Code, 1973, Section 340 -- For Initiating the proceedings under Section 340 of the Code two conditions must be fulfilled - Firstly, that sufficient material is produced before the Court to make out a prima facie case for lodging a complaint - And secondly that it is expedient in the interest of justice to permit such a prosecution...........
