Criminal Procedure Code, 1973, Section 401 -- Framing of charge - Charge framed under Section 326/324/34, 450 IPC - Held that the offence falling within the mischief of Section 326 IPC is not punishable with imprisonment for life exclusively - Offence falling within the mischief of Section 326 Indian Penal Code is punishable with imprisonment for a term upto 10 years but..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406 -- Quashing of complaint - Petition for - Petitioner, wife and respondent-husband agreed to seek divorce by mutual consent under Section 13B of H.M.A. - Respondent-husband agreed to pay a sum of Rs.2,60,000/- in full and final settlement of all claims including permanent alimony -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 324, 326 -- Quashing of FIR - Compounding of offence - The offence punishable under section 326 IPC is not compoundable even with the permission of the Court as provided under section 320 of the Code - Keeping in view the facts and circumstances of the case and the comprise effected between the..........
Civil Procedure Code --Order 37 ,R.l(2)(a) - Suit for recovery of amount on the basis of cheques - Cheque is a Bill of Exchange as defined in Section 6 Negotiable Instruments Act - Provisions of Order 37 applicable to cheque - Negotiable Instruments Act, Section 6...........
Criminal Procedure Code, 1973, Section 439 -- Narcotic Drugs and Psychotropic Substances Act, 1985, Sections 37 and 50 - Bail - Contention that search was not conducted in the presence of a Magistrate or a Gazetted Officer - Held that it is against the spirit of the Act say that if search is taken in the presence of a Gazetted Police Officer it is not in accordance with..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 - - Interim injunction in a suit for declaration that land in dispute a thoroughfare and sale of same by Municipal Council in favour of defendant without jurisdiction, null and void and against public policy and public interest - Land in dispute sold by Municipal Council vide registered sale deed and site plan..........
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 14, Rule 2(2), Civil Procedure Code, 1908, Order 43, Rule 1 - - Preliminary issue, appeal against - Order of Court deciding preliminary issue - Appeal not maintainable under Section 96 - No appeal prescribed under Order 43 Rule 1 against order deciding preliminary issue - Where Court decides a preliminary issue regarding jurisdiction to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20B(1), Criminal Procedure Code, 1973, Section 162 -- Appeal against acquittal - Notice Ex.PD and PD/1 under Section 50 to the accused held by the trial court tantamount to the statement before the police and is hit by Section 162 Cr.P.C. and as such inadmissible in evidence - Held that Ex.PD and Ex.PD/1 were..........
Civil Procedure Code, 1908, Section 10 -- Stay of earlier suit - Not permissible - For stay of suit - Only provision is Section 10 - Two conditions under Section 10 are : (i) parties to two suits are the same, and (ii) prayer is for stay of later suit - Plea that since case relates to partition of immovable property and partition of house cannot be conveniently made..........
