Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - High Court must pass a speaking and reasoned order in such matters...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(10)(15) -- Quashing of proceedings - Attempt to murder - High Court while quashing proceedings not discussed the allegations made against accused - There is no independent application of mind by..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - To be confined only to those issues burden of which was upon the other party - In the instant case burden of proof on issue No.2 only was upon defendant - Trial Court order that affidavit filed in rebuttal by plaintiff be confined to the extent of issue No.2 only - Plaintiff in the garb of rebuttal..........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Abatement of appeal - Death of plaintiff - Factum of death of plaintiff was not brought on record - Defendants came to knowledge of same only after receiving report of process server - Application U.O.22.R.9 CPC along with delay condonation application filed within time from the date of having knowledge of death - No..........
Civil Procedure Code, 1908, Section 151 -- Consolidation of two suits - Parties to both the suits are distinctly different - Cause of action and relief claimed in both the suits are also different - Plaintiffs in both the suits are asserting their possession to suit property but with reference to different transactions and different points of time - Common evidence cannot..........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit for partition - There is no community of interest between various co-owners - In a suit for partition, every party, be it plaintiff or defendant, has his own interest to secure - Order permitting plaintiff to give notice via publication in accordance with O.1.R.8 CPC set aside - Trial Court to order..........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Grant of 26 days period to appear from the date of proclamation actually effected - Clear period of 30 days not afforded - Order of proclamation set aside...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration and permanent injunction - Dispute is between plaintiffs and official defendants wherein action of defendants is under challenge - Respondent in said dispute is neither a necessary nor a proper party - Order allowing impleadment of respondent as one of defendants set aside...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Cancellation - Order of granting bail is susceptible to interference when bail is granted without proper application of mind or in contravention of directions issued by Supreme Court...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Considerations that weigh with Appellate Court when called upon to examine the correctness of an order granting bail is not on the same footing when it comes to examining an application moved for cancellation of bail - Yardstick for testing correctness of an order granting bail is whether Court below has exercised its..........
