Indian Penal Code, 1860, Section 302, 395, 295, Criminal Procedure Code, 1973, Section 173, 228 -- Anti Sikh riot case - Delay of 25 years in investigation and presentation of charge sheet - Quashing of the charge sheet sought on the ground that delay of 25 years was violative of Article 21 of the Constitution under which right to speedy trial is a fundamental right -..........
Indian Penal Code, 1860, Section 341, 324, 34, Criminal Procedure Code, 1973, Section 482, 320 -- Non-compoundable office - Compounding of - Inherent powers of High Court - Held, there is no statutory bar under Cr.P.C. which can affect inherent power of High Court u/s 482 Cr.P.C. - High Court has wide power to quash proceedings even in no, compoundable offences..........
Constitution of India, 1950, Article 14, 226 -- Transfer - Mala fide - Judicial review - Bias - Do not find any valid reason for the transfer of the petitioner within a period of five months except to re - transfer the respondent No. 2 to Sonepat on account of a note emanating from the office of the Chief Minister - Both officers were transferred only in the month of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Purpose of O.6.R.17 CPC is to allow either party to amendment his pleading in such manner and on such terms as may be just - Power to allow amendment is not only discretionary but is also wide and could be exercised at any stage of the proceedings in the interest of justice - Court should adopt a liberal..........
Civil Procedure Code, 1908, Order 40, Rule 1(d) -- Power of Receiver to sue or be sued - Receiver cannot exercise this power without leave of Court - When power to sue or be sued are conferred on the receiver, while appointing him, then that will be sufficient authority for him to sue if need be, for protection, preservation and management of the property...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness - Original sale deed brought on record after examination of defendant No.3 - Petitioner did not get opportunity to cross examine defendant No.3 in respect of said sale deed - Held, defendant No.3 is required to be recalled for cross examination to the extent of the said sale deed in question - Court can..........
Criminal procedure Code, 1973, Section 439(2) -- Cancellation of bail - Power u/s 439(2) Cr.P.C. for cancellation of bail can be exercised at the instance of State as well as at the instance of aggrieved party...........
Criminal Procedure Code, 1973, Section 407, Indian Penal Code, 1860, Section 302 -- Transfer of trial - Murder case against sitting MLA and three others - Sitting MLA belonged to the party in power - Complainant sought transfer of trial to some other State - Complainant has alleged that the investigating agencies in connivance with the state govt. wanted to shield sitting..........
Constitution of India, 1950, Article 136 -- Concurrent findings of fact - Power of Supreme Court to upset - Held, Supreme Court not to re-open the findings of High Court when there are concurrent findings of facts and there is no question of law involved and the conclusion is not perverse - Discretionary power under article 136 of the Constitution has to be exercised..........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Scope - These provisions confer wide powers on appellate court to do justice between the parties - Power to be exercised subject to three limitations : (a) Firstly these powers cannot be exercised to the prejudice of a person who is not a party before a court; (b) Secondly this power cannot be exercised in favour of a claim..........
