FIRST LAW

Sections 51 to 54 of C.P.C talk about procedure in execution or mode for execution. Section 51 says executing court shall execute decree by delivering of any property by attachment. Statutory provisions of Order 21 C.P.C lay down a complete code for resolving all disputes pertaining to execution of the decree for possession obtained by a decree-holder. Section 47 read with Order 21 rule 101 of C.P.C says that all the questions relating title are to be decided by executing court. In terms of order 21 rule 13 of C.P.C when an attachment of property is made, it should contain sufficient description of property to be attached by boundaries, numbers in record of settlement or survey. In terms of order 21 rule 35 of C.P.C, where decree is for delivery of immoveable property, the possession is to be delivered to decree holder by removing any person bound by decree; where a decree is for delivery of immoveable property if such property, is in the possession of any person bound by the decree, ...

Ranbir Penal Code - Provisions of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 are not in derogation of the provisions or any other law for the time being in force, including that of RPC.

Border Security Force Act, 1968 -  Section 62 - Petitioner was dismissed from service without affording him proper opportunity of being heard - In case, the petitioner had filed mercy petition, minimum that was required was intimation of date of hearing to him so as to enable him to appear before the competent authority and present his case. The same having not been done, it has resulted in miscarriage of justice.

Legal Services Authorities Act, 1987 - S.19 - Authority and competence of a lawyer appointed by a party to conduct a suit on its behalf to settle the suit claim before a Lok Adalat.

Criminal Procedure - S. 190 - Cognizance of offences by Magistrates - Quashing of the Order - Matrimonial Dispute -  Calling a person to stand criminal proceeding on frivolous or vexatious allegations, amount to violation of his fundamental right.

Criminal Procedure - Quashing of the FIR - C ivil proceedings and Criminal proceedings can proceed simultaneously.

Code of Civil Procedure - Order XXXVII - Summary Suits -  if any part of amount claimed by the plaintiff in the suit is admitted by the defendant to be due from him, the leave to defend the suit shall be granted only if the amount so admitted is deposited by the defendant in the Court, notwithstanding the fact that the triable issue or a substantial defence is raised by the defendant.

Preventive detention involves detaining of a person without trial aiming at to prevent him from committing certain types of offences. But such detention cannot be made a substitute for ordinary law and absolve investigating authorities of their normal functions of investigating crimes, which detenu may have committed. After all, preventive detention cannot be used as an instrument to keep a person in perpetual custody without trial.

Food Safety Food Safety and Standards Act, 2006 - What is Purpose of AGMARK and FSSAI ?

Penal Code - S.376 - Rape -  There should be sterling quality of statement of victim for basing conviction on her sole testimony.

Casual Labourers (Grant of Temporary Status and Regularisation) Scheme 1993 -  theory of “inequality of bargaining power”.

Criminal Procedure -  Section 94 - Summons to produce document or other thing - b efore passing any order under Section 94 Cr.P.C., the Court is not obliged to hear the accused person.

Code of Criminal Procedure  - S. 197 -  Prosecution of Judges and public servants - it was not and cannot be a part of the official duty of petitioner to commit offences under section 407/409/420/120-B RPC with regard to misappropriation of Government cements meant for construction of quarters of ITBP, after hatching criminal conspiracy with others accused.

The courts while appreciating the evidence in criminal cases have to see the degree of proof is maximum than that of civil case. The evidence produced by prosecution should be legally admissible. If there comes the slightest doubt regarding the involvement of accused in commission of crime as alleged by prosecution, the Court should not go on convicting the accused.

Release of vehicle in a case where there is hypothecation agreement executed between registered owner and financer/banker - Once borrower fails to pay installment in terms of agreement then, the financer/banker has a right to take possession of the vehicle back or get the vehicle released in its favour.

Ranbir Penal Code - Sections 363/376 - the story of rape projected by victim does not inspire confidence of court -  there is no strict proof that accused have committed the criminal act as alleged by prosecution.

Criminal Procedure Code – Power to summon material witness, or examine person present -  Plea of victim that on the earlier occasion he turned hostile under coercion and threat meted out to him at the instance of accused, cannot be a ground for recalling and re-examine.

Negotiable Instruments Act, 1881 - Section 138 – Code of Criminal Procedure Svt. 1989 - Section 561A - Quashing of Complaint - theft of cheques - legal notice on 01.02.2017 demanding an amount of 8, 00,000 - no complaint was filed within stipulated time on said cause of action - cutting and changing the date of 01.02.2017 by 10.03.2017, sent the second notice containing the same contents and again made the same demand for payment of the alleged amount within fifteen days from the receipt of the notice - These are disputed questions of facts, cannot be decided in this petition - These are defenses which petitioner has to prove before court below during trial.

Negotiable Instruments Act, 1881 - Sections 138 and 141 - Offences by companies - Specific proof of resignation of Director - defence taken that they were not directors at the time of offence, is a fact which they have to prove before court below - self written letter sent to boards of directors of firm without any Form 32 of Company Act - these simple letters are not admissible.

1. Naresh Kumar v. State Bail Application - Gang Rape - Victim has committed suicide by jumping into the river Chenab as is evident from the investigation conducted by the police till date - Although dead body of the victim has not yet been recovered, but it can be inferred at this stage that due to gang rape, victim committed suicide. Further investigation in this regard is going on. The punishment for offence u/s 376-D RPC is rigorous imprisonment for a term which shall not be less than twenty five years, which may extend to life which shall mean imprisonment for the remainder of that persons natural life and with fine.