Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 333, 341, 353, 427, 504, 506, 147, 148, 149, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(i)(r)(s), 3(2)(V) -- Anticipatory bail - Offence u/ss 307, 333, 341, 353, 427, 504, 506, 147, 148, 149 IPC and Ss.3(i)(r)(s), 3(2)(V) of SC/ST Act - Case in..........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A -- Compromise - Fraud - Petitioner had right to file recall application in case order was obtained on basis of compromise by practicing fraud and compromise application was not filed by him...........
Criminal Procedure Code, 1973, Section 311 -- Examination of additional witnesses - Sought after conclusion of defence arguments - Application does not disclose as to why said witnesses were not examined earlier nor does application set out any cogent reason for the same - Said application is bereft of details, as it does not spell out, how examination of these witnesses..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 306 -- Discharge - Abetment of suicide - Deceased committed suicide leaving behind two suicide notes - Charges u/s 304-B IPC and other related sections had already framed and confirmed - Keeping in view of suicide notes as well as statements of witnesses, accused ought not to have been discharged..........
Criminal Procedure Code, 1973, Section 446(3) -- Forfeiture of bail bond - Show cause notice was issued u/s 46 Cr.P.C - However, no sufficient opportunity was given to accused to exhaust benefit u/s 446(3) Cr.P.C - Benefit or its entitlement under said provision was not either taken up or addressed - Order forfeiting bail bond of accused is bad in law and liable to be set..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Trial Court disposed of suit on merits and not on preliminary issue - In appeal, first appellate Court set aside judgment and decree of trial Court and directed trial Court to decide suit afresh - Order of remand passed by first appellate Court is in exercise of its powers U.O.41.R.23-A CPC and not U.O.41.R.23 or..........
Civil Procedure Code, 1908, Order 41, Rule 23A, Civil Procedure Code, 1908, Order 43, Rule 1(u) -- Second appeal - Maintainability - Order of remand passed U.O.41.R.23-A CPC is amenable to appeal U.O.43.R.1(u) CPC - Second appeal against such an order is not maintainable...........
Dowry Prohibition Act, 1961, Section 3, 4(2), Criminal Procedure Code, 1973, Section 482 -- Quashing of charge sheet - Dowry demand - Matter was investigated and charge sheet was filed - Court below took cognizance after applying its legal mind - While taking cognizance of offence, Magistrate or Court concerned is not obliged to give detailed reasons for its satisfaction -..........
Criminal Procedure Code, 1973, Section 439, 167(2)(a)(i) -- Second bail application - Maintainability - First bail application u/s 167(2)(a)(i) Cr.P.C is rejected by Magistrate - Revision would lie before District Judge against such an order passed u/s 167(2)(a)(i) Cr.P.C - Application u/s 439 Cr.P.C would not be maintainable against such an order - Second bail application..........
Criminal Procedure Code, 1973, Section 111 -- Preliminary order u/s 111 Cr.P.C - Without giving reasonable opportunity to petitioner - Petitioner is a History Sheeted Rowdy and he breached the conditions and committed the offence u/ss 204(b), 323, 341, 506(2) IPC - Even, after executing bond, petitioner involved in another criminal case - Magistrate after conducting..........
