Civil Procedure Code, 1908, Section 47, 34, Order 34, Rule 11 -- Execution of decree for recovery of Bank loan - Objection that loan raised for purchase of tractor, a loan for agricultural purpose, Court could not grant interest at the rate of 12.5% per annum and in view of Section 34 interest could be granted only at the rate of 6% per annum from date of decree - Not..........
Criminal Procedure Code, 1973, Section 468, 473, 482 -- Penal Code, 1860, Section 498A/34 - Limitation - Quashing of FIR - Petition for - Bar of Section 468 of the Cr.P.C. pleaded - Case of matrimonial offence - It is in the interest of justice to take cognizance of the offence ignoring the bar of limitation as provided under Section 468 Cr.P.C. - Challan submitted in the..........
Criminal Procedure Code, 1973, Section 154, Punjab Police Rules, 1934, Rule 24.1 -- Registration of FIR - Petition for - Information about congnizable offence received by respondent No.3 in the form of complaint - Respondent No.3 was duty bound to record it as First Information Report under Section 154 of the Code - Respondent No.3 proceeded to hold an enquiry into the..........
Criminal Procedure Code, 1973, Section 227, 228, Indian Penal Code, 1860, Section 323, 506, 34, 306 -- Framing of charge - Suicide by deceased by sprinkling kerosene oil on himself - No direct nexus between the allegations of the prosecution and the ultimate effect - Cannot be said that there was common abetment or that there was any instigation on the part of the..........
Civil Procedure Code, 1908, Section 58(1) -- While directing arrest, Court has to fix the period for which the J.D. should be kept under detention - However, order of arrest otherwise sustainable cannot be set aside merely on the ground of such non-mention of period of detention - Court has inherent power under Section 151 to rectify such a mistake committed...........
Criminal Procedure Code, 1973, Section 482, 438 -- Anticipatory Bail - While granting the anticipatory bail direction issued by the Sessions Court to the petitioner to seek regular bail within a period of three weeks - It was also observed that the order will not stand in way to seek police remand of the accused - Impugned conditions in the bail order contrary to the..........
Prevention of Food Adulteration Act, 1954, Section 7(16), Criminal Procedure Code, 1973, Section 300, Constitution of India, 1950, Article 20(2) -- Second Complaint - Ingredients of the offence for which second complaint lodged different and distinct from the ingredients of the offence of the first complaint though arising out of the same facts - The second complaint was..........
Prevention of Food Adulteration Act, 1954, Section 7(16), Criminal Procedure Code, 1973, Section 300, Constitution of India, 1950, Article 20(2) -- Second Complaint - Ingredients of the offence for which second complaint lodged different and distinct from the ingredients of the offence of the first complaint though arising out of the same facts - The second complaint was..........
Civil Procedure Code, 1908, Section 100, 151 -- Counsel stated that appellant willing to deposit amount towards arrears of rent within two months - Amount never deposited - Application under Section 151 for withdrawing statement made by counsel as irresponsible or erroneous and no such amount involved in the case - Having given statement before the Court to deposit the..........
Adverse possession -- Burden of proof heavily placed on plaintiff - Not an iota of evidence with regard to adverse possession so much so even plaintiff never stated in examination that possession adverse and hostile to the knowledge of true owner - Concurrent finding of Courts below not in any way suffering from error of jurisdiction or that the approach palpably wrong -..........
