Criminal Procedure Code, 1973, Section 190(1) -- Cognizance of offence - Summoning order passed on printed proforma by filing up blanks without application of judicial mind by Magistrate and without satisfying himself as to which offence were prima facie being made out against accused on basis of allegations made by complainant is objectionable and deserves to be..........
Criminal Procedure Code, 1973, Section 190(1) -- Cognizance of offence - Summoning order passed on printed proforma by filing up blanks without application of judicial mind - Direction issued to Registrar General to issue a circular/memorandum in accordance with law to all District Judges in State of UP intimating them to inform all judicial Officers not to use `Printed..........
Criminal Procedure Code, 1973, Section 156(3) -- Complaint u/s 156(3) Cr.P.C. - Normally Magistrate directs police to file a report on the basis of complaint filed u/s 156(3) Cr.P.C. - However, in the instant case Magistrate directed police to file FIR which itself clearly indicates that he has not applied his mind - Impugned order quashed...........
Criminal Procedure Code, 1973, Section 156(3), 197 -- Complaint u/s 156(3) Cr.P.C. - Police official discharging his official duty - There must be a prior sanction to proceed against such officer - Filing of private complaint itself is abuse of process of law - Moreover, entertaining such complaint and directing to register FIR without applying mind by Magistrate is..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Once finding of fact recorded by two Courts below are justified and based on due appreciation of evidence, re-appreciation of evidence at the stage of second appeal in order to draw a different conclusion is not warranted...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Additional issue - Suit for declaration and possession - Defendant raising plea of adverse possession - Framing of additional issue with regard to adverse possession - Trial Court striking issue in that regard placing onus of proof upon defendant - Order upheld...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Substitution of L.R's - Two independent proceedings - It cannot be said that substitution application filed in one proceeding is sufficient and only formal application is required in other proceeding - Substitution application not properly filed and Court in place of taking liberal view, took a arbitrary view which cannot be..........
Criminal Procedure Code, 1973, Section 82 -- Proclamation - Publication of proclamation was effected on 15.12.2018 - Mandatory period of 30 days had not elapsed on 21.12.2018 - Case was adjourned solely for the said reason to 18.1.2019 when order in question was issued - Order passed u/s 82(1) Cr.P.C is in violation of statutory procedure prescribed under Cr.P.C, as period..........
Civil Procedure Code, 1908, Section 100, Order 9, Rule 9 -- Second appeal - Order passed U.O.9.R.9 CPC do not have trappings of decree - Second appeal u/s 100 CPC held, not maintainable...........
Civil Procedure Code, 1908, Order 6, Rule 18 -- Amended plaint - O.6.R.18 CPC gives outer limit of 14 days to comply with the order of amendment - If same is not complied with, Court has liberty to extend the time in a given case and such discretion given to Court is to be exercised by considering the relevant fact...........
