Criminal Procedure Code, 1973, Section 204 -- Issuance of process - Magistrate is required to apply its mind as to whether sufficient ground for proceeding exists in the case or not - Formation of such an opinion is required to be stated in the order itself - Order though need not contain detailed reasons but order is liable to be set aside if no reasons are given therein..........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Powers of appellate Court - Appellate Court has power U.O.41.R.33 CPC to pass any decree and to make any order which ought to have been passed and thus, power can be exercised by appellate Court notwithstanding that appeal is with regard to only a part of decree...........
Criminal Procedure Code, 1973, Section 204 -- Issuance of process must be preceded by an application of judicial mind to material before Court to determine if there is ground for proceedings against accused - When allegations made in complaint are found to be too vague and general without giving any material particulars of the offence alleged against accused then order of..........
Criminal Procedure Code, 1973, Section 256 -- Non-appearance of complainant - Order of acquittal cannot be passed in every case for non-appearance of complainant on each and every date of hearing...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Stage of case is for recording of plea - Presence of complainant is not necessary and recording plea is by Court - Magistrate ought not to have dismissed complaint for non-appearance of complainant - Amount of cheque is..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchasers - Suit for specific performance - Petitioners purchased the disputed land during pendency of suit proceedings that too when there was restraint order against defendant not to sell suit property - Moreover, no relief was claimed by plaintiff against petitioners - Petitioners being..........
Criminal Procedure Code, 1973, Section 125(3), 421 -- Arrears of maintenance - Magistrate has power to enforce an order of maintenance by issuing a warrant to the Collector to recover the same as arrears of land revenue...........
Criminal Procedure Code, 1973, Section 439 -- Bail - On parity basis - High Court granted bail to accused on parity basis while proceeding on irrelevant considerations and while ignoring relevant features of case - Order granting bail set aside - However, it is left open to accused to apply for bail afresh after surrendering and at an appropriate stage...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 120B -- Bail - Murder - High Court while granting bail to accused has not at all considered seriousness and gravity of offence alleged against accused - Even, High Court has not considered relevant material forming charge sheet - More so, High Court while considering parity has not at all..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 352, 149, 147, 148, 504, 34 -- Bail - Double murder as a result of fire arm injury - Role of first respondent emerged during course of investigation, followed by filing of charge sheet - First respondent on being granted bail failed to co-operate in the expeditious disposal of trial..........
