Civil Procedure Code, 1908, Order 15, Rule 5 -- Suit for mandatory injunction directing defendant to stop user of shop in dispute - Provisions of Order 15 Rule 5 not applicable - Order directing defendant to deposit arrears of compensation at specified rate per month - Set aside - Specific Relief Act, Section 39...........
Criminal Procedure Code, 1973, Section 439 -- Bail - FIR under Section 20/61/85 of NDPS Act - Contention that accused was given offer of Gazetted Police Officer or Magistrate - The independent witness joined is a pocket witness of the prosecution - Held that Gazetted Police Officer also falls within the category of Gazetted Police Officer mentioned in the Section 50 of the..........
Civil Procedure Code -- Defendants 3 and 4 impleaded as parties inspite of objection of plaintiffs and thereafter fresh issues framed - No statement of plaintiff that evidence already recorded be read in evidence - Defendants 3 and 4 neither parties to framing of earlier issues nor any earlier evidence recorded in their presence which could be said to be evidence in law..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 364, 346, 466, 201, 218, 120B -- Cancellation of bail - Proper facts not brought before the Court at the time of getting bail of respondent No.2 who is Deputy Superintendent of Police - Order granting bail to respondent No.2 recalled and bail application under Section 439 of the Code rejected...........
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(e), Criminal Procedure Code, 1973, Section 167(5) -- As amended by Section 4 of West Bengal Act 24 of 1988 - Non completion of investigation within prescribed time of 2 years - Discharge - Time to commence either 'from the date of arrest of the accused or the date when he made his appearance in Court' - Means only..........
Civil Procedure Code -- Bar of jurisdiction of Civil Court as preliminary issue - From title of suit itself it appears that suit pertains to provisions of Northern India Canal and Drainage Act - To decide whether suit is maintainable in Civil Court or not - No evidence is required - Order passed under Section 68(7) Northern India Canal and Drainage Act - Cannot be called..........
Juvenile Justice Act, 1986, Section 2(h), 24, Criminal Procedure Code, 1973, Section 401 -- Contention of the petitioner before Addl. Sessions Judge that on the date of committing of alleged offence on 02.07.1993 he was below 16 - Should not have been charged and tried with other accused under section in view of provisions of Section 24 of the Act - On the basis of school..........
Criminal Procedure Code, 1973, Section 203 -- Second complaint - The order of dismissal under Section 203 of the Code is not bar to the entertainment of a second complaint on the same facts - It will be entertained only in exceptional circumstances stated...........
Criminal Procedure Code, 1973, Section 249, 320, Indian Penal Code, 1860, Section 468, 471, 474, 467 -- Complaint - Dismissal for non-prosecution - Offences non-compoundable - Learned Magistrate could not act under section 249 of the Code and dismissed the complaint for want of prosecution and in the absence of the complainant...........
Criminal Procedure Code, 1973, Section 227, 228 -- Framing of charge under Section 304/419/34 - Petitioner holder of diploma in N.E.H.M. - Not authorized to administer allopathic medicines - Gave medicines/injections of Baralgan and Calmpose to the deceased - Held that from the acts of the petitioners the element of knowledge cannot be attributed to them - At the most the..........
