Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - It is not open to High Court in exercise of powers u/s 438 Cr.P.C to add third parties to proceedings, as if it is invoking powers U.O.1.R.10 CPC much less those parties who are neither necessary nor proper parties to application under consideration...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Inquiry in anticipatory bail application must be limited to facts relevant and applicable to applicant who has come before Court - No attempt should be made to inquire into matters pertaining to some third party much less beyond scope of complaint/FIR in question...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Application u/s 438 Cr.P.C is limited to cause of applicant, applying for grant of anticipatory bail in connection with offence already registered against him and apprehending his arrest in connection with such a case for extraneous reasons or otherwise...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Earlier suit for permanent injunction - Second suit for cancellation of sale deed alleging it to be void - Propriety of sale deed not challenged in the earlier suit though it was alleged that sale deed is a void document - There is absolute relinquishment of right on part of plaintiff to put a..........
Civil Procedure Code, 1908, Order 1, Rule 10, Limitation Act, 1963, Section 21(1) -- Proviso - Impleadment of a party - Suit by tenant u/s 6 Specific Relief Act - Impleadment of new tenant - Non-impleadment of new tenant within statutory period prescribed u/s 6 of Specific Relief Act, was due to bona fide mistake and because of lack of plaintiff's knowledge about the fact..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 326, 324, 347, 385, 386, 143, 147, 148, 149, 427, 504, 506, 120B -- Bail - Attempt to murder - Role attributed to accused is that of being a prime conspirator - Existence of conspiracy and nexus between accused and assailants are matters for evidence and trial - Fact that informant and..........
Indian Penal Code, 1860, Section 420, 466, 465, 468, 471, 211, 511 -- Cheating - Company - Prosecution of power of Attorney - Company not arraigned as an accused - Prosecution specifically making allegations against Power of Attorney - Petitioner who claims himself to be Power of Agent of Company had alone acted, forged and submitted letter and he in fact signed pleadings..........
Indian Penal Code, 1860, Section 420, 466, 465, 468, 471, 211, 511, Criminal Procedure Code, 1973, Section 227 -- Cheating - Discharge - Statement of witnesses and I.O. prima facie disclosing materials to proceed against accused - Discharge application rightly dismissed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Suit for specific performance - Impleadment of third party on the ground that third party may have some material which would assist Court to arrive at correct determination of lis is impermissible in law - Such a person may be material witness, he certainly is neither a necessary nor a proper..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Co-sharer who is in exclusive possession of separate parcel of land can definitely seek injunction against other co-sharers, who are not in possession of requisite land - Application rightly allowed...........
