Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 4, 25 -- Bail - Grant of - Murder - Injuries caused to deceased were caused by hard and blunt impact - One injury out of them was individually sufficient in ordinary course of nature to cause death - Other injuries collectively were likely to cause death in..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - High Court gave no reasons while granting bail to accused - There is only narration of facts in the said order - It is expected that at least some reason would be given by High Court while reversing the order of trial Court, which had rejected bail application by a reasoned..........
Criminal Procedure Code, 1973, Section 156(3), 197, 195, 340 -- Application u/s 156(3) Cr.P.C - Non compliance of Court orders by Revenue Authorities - Lower Court rightly held that without sanction Court cannot take cognizance and that complaint is also barred u/s 195 Cr.P.C. because the proceedings could be initiated after enquiry u/s 340 Cr.P.C. by lodging the complaint..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of order taking cognizance - Two competent criminal Courts have recorded concurrent findings of facts while taking cognizance against petitioner and while dismissing revision - Order taking cognizance is proper...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Joint property - Order to the extent of maintaining status quo with respect to raising construction changing nature and encumbering the suit land, upheld - Partition proceedings cannot be halted, as revenue record establishing that suit land was joint between parties...........
Criminal Procedure Code, 1973, Section 433, 433A -- Pre-mature release - Order rejecting application for pre-mature release is bereft of an application of mind to relevant circumstances bearing on whether petitioner should be released prematurely - Order does not contain any reference whatsoever to whether petitioner possess any prior criminal history - Even, order is..........
Criminal Procedure Code, 1973, Section 173 -- Cancellation report - Rejection of - Police filed cancellation report and Magistrate directed re-investigation - IO conducted investigation again and filed second closure report - Magistrate rejected second closure report merely on basis of earlier order of rejecting first closure report - Order is recorded in a perfunctory and..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Sought to be replaced with the new one as written statement filed earlier was not by an Advocate engaged by defendant and he was never instructed to make a statement - Replacement allowed by imposing a condition that substituted written statement would be considered only, if defendant is able to prove the..........
Criminal Procedure Code, 1973, Section 446, 451, Punjab Excise Act, 1914, Section 61, 78 -- Superdari - Release of seized vehicle - Petitioner for releasing vehicle, in question, on superdari, has been found to be meritorious and was allowed - While allowing said application, it was observed in order that no useful purpose would be served by keeping said vehicle as it..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Rejection of application without affording any opportunity of hearing to defendant is not proper - Impugned order set aside - Matter remanded...........
