Civil Procedure Code, 1908, Section 24 -- Transfer of suit - Bias and pre-judgment - Petitioners referred to certain observations recorded by Court below in impugned order by alleging bias and pre-judgment - Held, on material produced, lower court concluded that explanation for belated filing of amendment application is not bona fide - Observations or findings recorded by..........
Criminal Procedure Code, 1973, Section 173(2), (8), 200, 202, 210, 465(2) -- Stay of criminal proceedings - When the matter was pending under enquiry before Magistrate, investigating officer has submitted application and Magistrate has stayed the enquiry and waited for investigating officer to file report and when after investigation, a charge-sheet has been filed by..........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 6 -- Government order cancelling Permanent Resident Certificates - Revision against - Jurisdiction of Authorized Officer to entertain revision - In terms of S6, revisional powers are exercisable by Government or its delegate against orders passed by, or in respect of proceedings pending before "Competent Authority" -..........
Indian Penal Code, 1860, Section 211 -- Charge sheet filed - Accused has a right to file a complaint for an offence u/s 211 IPC or any other offence committed in or in relation to the said proceedings at the appropriate stage - Court to pass an order on such an application having regard to the provisions of S.340 Cr.P.C. - So long as the proceedings are pending before the..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Accused habitual offender and six other cases under various offences pending against him - Considering facts of case, number of cases pending against accused, nature of accusation and balance between individual and social interest, no just reason to enlarge petitioner on bail - Application dismissed...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Background antecedents and pending cases against accused are relevant considerations and even if accused has been discharged/acquitted in some cases, it is not of much consequence while considering bail in criminal cases subsequently registered against him...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Ejectment petition - Withdrawal of - Revision petition by landlord challenging order of Rent Controller whereby prayer of landlord to allow him to exhibit a copy of resolution declined - Main ejectment petition pending before Rent Controller was itself withdrawn as possession of demised premises handed over to..........
Civil Procedure Code, 1908, Section 10 -- Stay of suit - The trial of any suit in which the matter in issue is directly and substantially in issue in a previously instituted suit between the same parties and is pending is liable to be stayed - One of the tests for determining the applicability of S.10 is whether the final decision in the previously instituted suit operates..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Constitution of India, 1950, Article 227 -- Eviction - Unfit and unsafe building - Direction sought to Rent Controller to dispose of ejectment petitions in a time bound frame on ground that building in question has become unfit and unsafe for human habitation - One of tenants has already been ordered to be evicted..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 328 -- Anticipatory bail - Petitioners and complainant are known to each other - Case is pending regarding loan transaction - Petitioners are available for investigation - Held, petitioners can be granted anticipatory bail subject to certain conditions - If petitioners violate any condition,..........
