Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Maintainability - Order of acquittal of accused - State Government had to direct public prosecutor to present an appeal to High Court - No averment in revision petition that revision has been filed by public prosecutor at the direction of State Government - Revision petition dismissed being not maintainable...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Relief of declaration of title sought by way of amendment of plaint - However, cause of action for seeking declaratory relief of title to suit property arose in 2008 and amendment sought after more than 8 years from denial of title - Action on the part of plaintiffs thus,..........
Criminal Procedure Code, 1973, Section 438, 482 -- Anticipatory bail - Dismissal of application - Power of High Court to grant further relief - Accused granted 90 days time to surrender before trial Court and to seek regular bail and granted protection from coercive action for the said period - Even when Court is not inclined to grant anticipatory bail to an accused, there..........
Criminal Procedure Code, 1973, Section 31 -- Conviction u/ss 376, 363 IPC - Without specifying in order as to whether sentences will run concurrently or consecutively - Accused continuously served about 13 years and 2 months of imprisonment - Nothing adverse in regard to their conduct while serving sentences has been placed on record - Maximum period of imprisonment to be..........
Protection of Women From Domestic Violence Act, 2005, Section 21, 23, Criminal Procedure Code, 1973, Section 482 -- Quashing of order - Order passed u/ss 21, 23 of PWDV Act do not attach any criminal liability, as it is civil in nature - Application u/s 482 Cr.P.C not maintainable against such order - Moreover, petitioner bypassing remedies u/ss 25, 29 of PWDV Act, cannot..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Scope of review is only to rectify factual or legal error which is apparent on the face of record - Any other aspect which touches the merits of case and would require to re-open the issue again in order to ascertain the factual contentions is completely beyond the scope of review...........
Criminal Procedure Code, 1973, Section 239 -- Discharge - While considering discharge application trial Court is not to act as a mere post office - Court has to sift through evidence in order to find out whether there are sufficient grounds to try suspect - Court has to consider broad probabilities, total effect of evidence and documents produced and basic infirmities..........
Criminal Procedure Code, 1973, Section 239 -- Discharge - High Court committed error by not entertaining revision petition against order rejecting discharge application, on merits and overlooking fact that discharge is a valuable right provided to accused - High Court and Court below have not examined fairness of criminal investigation in the case and other related aspects..........
Civil Procedure Code, 1908, Section 96(2), Order 7, Rule 11 -- Rejection of plaint - Order rejecting plaint amount to a decree - An appeal lies thereagainst...........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Ex parte ad interim order passed despite filing caveat - Ex parte ad interim order rightly set aside...........
