Criminal Procedure Code, 1973, Section 482 -- Charge against accused already framed - Once glaring illegality comes to notice of High Court - Nothing prevents High Court from invoking extraordinary powers - Prima facie no offence committed of which charge sheeted - By framing charge serious prejudice caused - F.I.R. and charge quashed. Editorial Note. - S.L.P. Criminal No...........
Civil Procedure Code, 1908, Order 21, Rule 2 -- Execution - J.D. contending that there was a compromise between parties and that a certain sum was paid in full satisfaction of all decrees in different suits in different Courts obtained by D.H. and that therefore the decree in question is fully satisfied - Executing Court rejecting such contention - Held, not illegal - All..........
Criminal Procedure Code, 1973, Section 164, 438 - - Anticipatory Bail - FIR u/S.366/120B IPC - The petitioner hiding himself and abducted girl - Investigating officer unable to proceed with investigation - Petitioner placing on record of petition for anticipatory bail statement of the abducted girl recorded by the Additional Chief Judicial Magistrate on filing of..........
Criminal Procedure Code, 1973, Section 390(2), (3), (4), (5), 401(2) -- Revision - Prosecution filing revision before Sessions Judge against the order of Chief Judicial Magistrate refusing grant of police remand - Learned Sessions Judge decided the revision on that very day without issuing notice for the production of the accused and without giving a right of hearing -..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Public Officer - A proforma defendant only and no relief claimed against him - Still notice u/s 80 CPC is necessary - Want of notice u/s 80 CPC is a technical defect - When notice not served, permission to withdraw suit with liberty to file a fresh suit on the same cause of action can be granted...........
Civil Procedure Code, 1908, Section 92 -- Permission to file suit under Section 92 - Principles governing - (i) While granting leave no notice to the proposed defendants is necessary. Although, as a rule of caution, Court should normally give notice to the defendants before granting leave; (ii) If a suit is instituted on the basis of such leave, granting without notice to..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - It is the duty of High Court to formulate the substantial question of law involved in the case even at the initial stage and in exceptional cases when the question of law is formulated at a later point of time then the opposite party should be put on notice thereon and should be given a fair or proper opportunity..........
Criminal Procedure Code, 1973, Section 203, 210, 398, 401 -- Complaint under Sections 148/149/452/323/325/307/506 IPC - Complaint - Dismissed by Ld.Judicial Magistrate - Additional Session Judge without giving notice to the accused allowed revision - Plea of the petitioner that revision petition could not have allowed without giving notice to him - Held that the accused..........
Civil Procedure Code, 1908, Order 13, Rule 2, Civil Procedure Code, 1908, Order 18, Rule 17 -- A - Documents in custody of a witness, thirty party - Order 13 Rule 2 is not applicable - Proper course is to issue notice to the witness to produce those documents and to recall him with permission of Court for proving them - Held, valuable evidence should not be shut out merely..........
Constitution of India, 1950, Article 226227 -- Criminal Procedure Code, 1973 Section 482 - Remission - Benefit of remission in sentence refused on the ground that the petitioner surrendered himself before the Court late by one month and six days - Held that since no notice was issued to the petitioner and he himself surrendered in the Court and was sent to jail, as such,..........
