Criminal Procedure Code, 1973, Section 220 -- Joint trial of more than one offence - Section is an enabling provision - Court may or may not try all offences together in one trial...........
Civil Procedure Code, 1908, Section 47 -- Dispute as to respective shares in compensation awarded under Land Acquisition Act - Executing Court not competent to go into the question as to what are shares of respective parties - As per Jamabandi share of one party more than 50% whereas share of others less than half - Executing Court cannot order disbursement of compensation..........
Criminal Procedure Code, 1973, Section 193, 319, 209 -- Addition of new accused - Sessions Court cannot add a new person to array of accused in a case pending before it at a stage prior to collecting any evidence - From stage of committal till Sessions Court reach stage indicated in Section 230 i.e. collection of evidence Court can only deal with accused referred to in..........
Civil Procedure Code, 1908, Section 34 -- Liability to pay interest - Suit decreed not only for principal amount but also for interest prior to filing of suit - Decree silent while granting interest at 6% from date of institution of suit till date of realisation - Not specifying as to on what amount interest is payable - Interest in view of Section 34 payable at 6% on..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Contention that payment had been made - As per complainant only part payment is received - Disputed question of fact involved to be decided by trial Court - No ground to quash proceedings under Section 482 Cr.P.C...........
Indian Penal Code, 1860, Section 366 -- For conviction under Section 366 kidnapping must be with intent to marry woman against her will or in order to force her to illicit intercourse...........
Civil Procedure Code, 1908, Section 152 -- Application for correction of clerical error in decree - Words "at any time" in Section 152 - Makes it clear that no period of limitation prescribed - Article 136 Limitation Act does not apply to application for amendment of decree - Once Court finds that names of plaintiffs wrongly mentioned in decree-sheet - Duty of Court to..........
Civil Procedure Code, 1908, Section 11, 152 -- Dismissal of earlier application under Section 152 as withdrawn - Does not operate as res judicata because corrections in a judgment or a decree do not involve re-opening of decision in the case - Withdrawal of earlier application under Section 152 - Does not debar applicant from filing fresh application under Section 152...........
Civil Procedure Code, 1908, Order 23, Rule 3A - - Pre-requisites of compromise in a suit as provided in Order 23 Rule 3 must be satisfied before Rule 3-A is attracted - Cannot be any bar to institute a suit challenging a decree which proceeds on the basis of a compromise which is unlawful - Contract Act, Section 23...........
Civil Procedure Code, 1908, Section 115, Order 39, Rule 1, 2 -- Trial Court as well as Appellate Court declined interim injunction - Prima facie findings of Courts below based on valid reasons - Interference in revision under Section 115 - Declined...........
