Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Once first appellate Court has formed an opinion to remand case, it was required to give reasons in respect of remand order as to why remand is necessary in that case...........
Criminal Procedure Code, 1973, Section 340 -- Perjury - Informant of murder case not supported prosecution case - High Court acquitted all the accused - However, having regard to facts and circumstances of case and bearing in mind that there were two deaths in the incident which has not been proved beyond reasonable doubt, impugned order of directing trial Court to..........
Criminal Procedure Code, 1973, Section 374, 386, Indian Penal Code, 1860, Section 302 -- Appeal against conviction - Murder - Dismissal of first appeal in four lines in general terms, cannot be dealt within this fashion - Impugned order set aside - Matter remitted for consideration afresh by High Court...........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Order of release modified to the extent that instead of furnishing bank guarantee of 10 lacs, vehicle be released on Superdari subject to furnishing requisite supurdagi bond and surety bond for the said amount...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Allegations therein supported by affidavit - Statement of complainant recorded u/s 200 Cr.P.C. - Matter sent u/s 200 Cr.P.C. to the Police - Action taken and order passed is dehors to the legal position and in blatant disregard to the judgment passed by Supreme Court in Lalita Kumari's case -..........
Criminal Procedure Code, 1973, Section 173(2), 2(d) -- Protest petition as complaint - Protest complaint can be entertained if Magistrate accepted report u/s 173(2) Cr.P.C and dropped the proceedings after granting opportunity to complainant - However, Magistrate does not even refer about final report filed in impugned order and whether any exceptional circumstances or any..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Court having no pecuniary jurisdiction - Application filed when case was posted for final arguments - As per mandatory provision of S.21 CPC objection with regard to pecuniary jurisdiction has to be taken at the first instance and at the earliest possible opportunity - No such objection was taken by..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Extension of period of limitation for filing written statement - High Court has not committed any error in extending period of limitation in filing written statement, as period of limitation which could have been extended and/or condoned by Tribunal/Court is excluded and/or extended up to 7.10.2021 as per..........
Criminal Procedure Code, 1973, Section 438, Prevention of Money Laundering Act, 2002, Section 45 -- Anticipatory bail - Money laundering - Once prayer for anticipatory bail is made in connection with offence under PMLA Act, underlying principles and rigors of S.45 of PMLA Act must get triggered, although application is u/s 438 Cr.P.C - Since High Court not touched upon..........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Maintainability - Accused himself challenged the order framing charge in revision - Now, he cannot be permitted to say that revision was not maintainable - Even otherwise, if facts have been already considered in a legal proceedings which has attained finality, same issue may not be permitted to be agitated at..........
