Civil Procedure Code, 1908, Section 151 -- Inherent powers - In camera proceedings - In appropriate cases, Court can order in camera proceedings if warranted by fact and circumstances of the case...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - High Court could have set aside order of acquittal in an appeal/revision, only if findings as recorded by trial Court were perverse or impossible...........
Criminal Procedure Code, 1973, Section 329 -- Unsoundness of mind of accused - Accused actively participated in trial - Sessions Judge examined accused and was satisfied that it did not appear to him that accused was insane - Consequently, trial Court held that no enquiry u/s 329 Cr.P.C was required - No interference warranted in said order of trial Court...........
Civil Procedure Code, 1908, Order 39, Rule 4 -- Temporary injunction - Vacation of - Material concealment of fact - Plaintiff set up an untrue case by giving an impression that she was the sole owner of the entire plot whereas plaintiff has only a share in the property in dispute and is not owner in possession over the entire plot - No error in the finding of Courts below..........
Criminal Procedure Code, 1973, Section 156(3), 174 -- Registration of FIR - Magistrate can order registration of FIR u/s 156(3) Cr.P.C during pendency of inquest proceedings before police...........
Criminal Procedure Code, 1973, Section 190(1) -- Cognizance of offence - Summoning order passed on printed proforma by filing up blanks without application of mind is objectionable and deserves to be deprecated - Order taking cognizance and summoning order quashed - Matter remitted for taking decision afresh...........
Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleadment of assignee - Partition suit - Deed of assignment entered into in defiance of an injunction order - Applicant cannot claim to be impleaded as a party on basis of said assignment - Deed of assignment was a nullity or an illegality - Application dismissed with costs of Rs.2 lakhs...........
Criminal Procedure Code, 1973, Section 173 -- Cancellation report - Court has to record valid reasons while forming an opinion of not accepting repeated closure reports submitted by investigating agency and for passing an order for further investigation...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Acquittal u/s 256 Cr.P.C - Mistake on the part of advocate representing any party beyond knowledge of complainant should not act as a prejudice against his rights and contentions - Order of acquittal set aside...........
Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence with condition to deposit part of compensation - Non deposit - Suspension will either automatically be vacated, if provided in the order or said suspension can be vacated - To say that such amount can be recovered as fine would lead..........
