Criminal Procedure Code, 1973, Section 482 -- Quashing of order - Condition of furnishing bank guarantee of Rs.15 lacs - Petitioner moved application for grant of permission to go abroad was allowed with condition of furnishing bank guarantee of Rs.15 lac - Petitioner submitted that he is ready to comply with all terms and conditions of order and has challenged the order..........
Civil Procedure Code, 1908, Order 7, Rule 11, Partnership Act, 1932, Section 69(2) -- Rejection of plaint - Suit for declaration and injunction - Sale transaction in question not arising out of business of firm - Suit is for enforcing right of avoidance of a document on the ground of fraud and misrepresentation and also the statutory right of seeking declaration and..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Supplementary report - Directions issued to all SHOs across State of Rajasthan and judicial officers that: (i) whenever a further investigation is kept pending for want of other material or trace of accused or for whatever reasons, it would be incumbent upon IO/SHO to move an application before..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 406, 120B -- Bail - Misappropriation of huge money - Serious allegations of siphoning off huge amount through various shell companies alleged against accused - High Court while releasing accused on bail, has not at all considered the relevant factors including nature and..........
Criminal Procedure Code, 1973, Section 401 -- Revision against acquittal - S.401(3) Cr.P.C prohibits/bars High Court to convert a finding of acquittal into one of conviction - Order of conviction by High Court while exercising revisional jurisdiction u/s 401 Cr.P.C is unsustainable, beyond scope and ambit of S.401 Cr.P.C...........
Criminal Procedure Code, 1973, Section 401 -- Revision against acquittal - Revision against order of acquittal at the instance of victim or complainant as the case may be, shall not be entertained and victim or complainant, as the case may be shall be relegated to prefer appeal as provided u/s 372 or S.378(4) Cr.P.C, as the case may be...........
Criminal Procedure Code, 1973, Section 401 -- Revision against acquittal - Where under Cr.P.C appeal lies but an application for revision has been made to High Court by any person, High Court has jurisdiction to treat the application for revision as a petition of appeal and deal with the same accordingly as per S.401(5) Cr.P.C - However, subject to High Court being..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 341, 324, 147, 148, 149, 427, 504, 506 -- Bail - Double murder case - Accused is a history sheeter and is having criminal antecedents - He is involved in double murder of having killed the father and brother of informant - Trial of cases is at the crucial stage of recording evidence..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Transfer of property pending suit - Defendant no.1 during pendency of suit transferred suit property in favour of defendant nos 2 and 3 and those defendants in turn transferred part of suit property in favour of third persons - Defendants invoking jurisdiction of Court are therefore responsible for..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 147, 148, 149, 504, 506, 34 -- Bail - Murder - High Court granted bail to accused No.2 in serious offences without applying correct facts - High Court not at all appreciated the fact that all accused were charged for offences in question and all accused with a common intention..........
