Criminal Procedure Code, 1973, Section 227 -- Discharge - While considering discharge application, Court is to exercise its judicial mind to determine whether a case for trial has been made out or not - Court is not to hold mini trial by marshalling evidence at this stage...........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Unsoundness of mind - Enquiry as to - Enquiry should consist not only of examination of witnesses produced by either party, but also of examination of alleged lunatic by judge, either in open Court or chambers...........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Unsoundness of mind - Enquiry as to - Court not examined mother of petitioner personally before appointing petitioner as guardian, next friend - There is no record to show that mother of petitioner is suffering from unsoundness of mind and a guardian/her daughter can be appointed to defend her, is unsustainable and liable to..........
Indian Penal Code, 1860, Section 326A, 326B -- Nature of offence - Burn injuries - Injuries were not grievous or dangerous to life - Body of injured was not deformed and maimed as per opinion of doctor - Conviction and sentence awarded to accused altered from S.326-A IPC to S.326-B IPC - Accused therefore, sentenced to 6 years of imprisonment with fine of Rs.5,000 and in..........
Criminal Procedure Code, 1973, Section 107 -- Notice u/s 107 Cr.P.C - Issued on a printed proforma - Notice issued without any application of mind and does not confirm to statutory provisions as either clearly disclosing the material indicating satisfaction of Magistrate or accompanied by police report and other material being relied upon by Magistrate at the time of..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance u/s 125 Cr.P.C. - Application for interim maintenance u/s 125 Cr.P.C. for the same period for which interim maintenance has been awarded under Domestic Violence Act is maintainable - However, Court would bear in mind the interim maintenance awarded in other proceeding while considering merits of application...........
Allotment of plot for ship-breaking -- Abandonment of contract by bidder - Refund of earnest money - Date from which interest payable - Respondent was highest bidder in auction for allotment of plot - He abandoned the contract on grounds of site being rocky/unsuitable for their commercial activities after deposit of earnest money - Even though respondents request for..........
Advocates Act, 1961, Section 35 -- Advocate - Suspension of licence - Power of State Bar Council - Power of taking any punitive action against an advocate for misconduct vests u/s 35 of the Act only with disciplinary committee of State Bar Council - There is no specific or implied power conferred on a State Bar Council under the Act to take punitive action against advocate..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 2.900 kg Ganja - Non-compliance of S.50 of the Act - Contraband was not seized from person of accused - Though body search of accused might have been done in order to ascertain whether any further offensive article was concealed by him in his person - But ganja was seized from bag carried by..........
Insolvency and Bankruptcy Code, 2016, Section 434(1)(c) -- Transfer of winding up proceedings pending in High Court to Tribunal - Proceedings for winding up of a company are actually proceedings in rem to which entire body of creditors is a party - Proceedings might have been initiated by one or more creditors but by a deeming fiction petition is treated as a joint..........
