Civil Procedure Code, 1908, Section 10, 151 -- Provision of section 10 not applicable - Jurisdiction under section 151 cannot be exercised by bye-passing the provision of section 10 CPC - Where Code deals expressly with a particular matter, the provision should normally be regarded as exhaustive...........
Indian Penal Code, 1860, Section 304 Part I -- Murder - Accused gave one blow with small stick on head of deceased resulting in his death - Place where assault took place was dimly lit - Offence would fall under S.304 Part I and not under S.302 IPC - It cannot be said as a rule of universal application that whenever one blow is given Section 302 IPC is ruled out - It..........
Criminal Procedure Code, 1973, Section 438, 439 -- Bail - The distinction between an order in terms of Section 438 and that in terms of Section 439 is that the latter is passed after arrest whereas former is passed in anticipation of arrest and becomes effective at the very moment of arrest...........
Civil Procedure Code, 1908, Section 146, Order 22, Rule 10 -- Transfer of Property Act, 1882, Section 52 - Lis pendens - Impleadment - Transferee - Held that bringing on a lis pendens transferee on record is not as of right but in the discretion of the court...........
Indian Penal Code, 1860, Section 101, 102, 103, 104, 105 -- Self defence - Right of - Plea of right comprises the body or property (i) of the person exercising the right; or (ii) of any other person; and the right may be exercised in the case of any offence against the body, and in the case of offence of theft, robbery, mischief or criminal trespass, and attempts at such..........
Criminal Procedure Code, 1973, Section 228, 229, 482 -- Framing of charge - Production of documents - Trial Court cannot allow accused to produce any document at the stage of framing charges - However, High Court has such power to allow the accused under section 482 of the Code or under Article 226 of the Constitution...........
Indian Penal Code, 1860, Section 300, 97, 98, 99, 100, 101, 102 -- Exception I - Exchange of hot words between accused and deceased - Deceased attacked the accused and caused some minor injuries - Accused fired gun shot and killed the deceased - Trial Court rightly convicted the accused under section 302 IPC - High Court was not justified to alter the conviction to S.304..........
Indian Penal Code, 1860, Section 304A -- Electrocution and death of a factory worker during his course of employment - Complaint filed under Factories Act for violation of rules relating to safety measures - Criminal proceedings also initiated u/s 304-A IPC for same offence - Petition to quash proceedings - Specific allegation against petitioner that in spite of bringing..........
Criminal Procedure Code, 1973, Section 357, Indian Penal Code, 1860, Section 409 -- Reduction in sentence - Cashier Co-operative Society embezzled Rs.18,294/- and convicted under section 409 IPC - Period of trial, appeal and revision stretched to 24 years - Sentence reduced from 3 years to already undergone (2 months) - Accused directed to deposit a sum of Rs.90,000/- over..........
Indian Penal Code, 1860, Section 406, 498A, Dowry Prohibition Act, 1961, Section 4, 6 -- Misappropriation of dowry articles - Cruelty - Customary gifts made to relatives of husband would not fall within the meaning of 'dowry' under Section 4 of Dowry Prohibition Act - Other items for common use would fall within the meaning of 'dowry'...........
