Criminal Procedure Code, 1973, Section 411, 412 -- An order u/s 411 cannot be passed without recording reasons as mandated by S.412 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Quashing of criminal proceedings, complaint, FIR - Law enumerated as to passing of order `not to arrest accused' or `no coercive steps be adopted' either during the investigation or till the final report/charge sheet is filed, while deciding application u/s 482 Cr.P.C. or petition under..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Quashing of criminal proceedings, complaint, FIR - Law enumerated as to passing of order `not to arrest accused' or `no coercive steps be adopted' either during the investigation or till the final report/charge sheet is filed, while deciding application u/s 482 Cr.P.C. or petition under..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Disputed property whether falls within Khasra as claimed by petitioner or Khasra as claimed by respondent - One of the proper method for ensuring a complete and just adjudication of said dispute will be by way of demarcation of property - Impugned order, dismissing application, set aside...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Revenue entries qua tenancy of plaintiff and his payment of rent - Corrected by competent revenue authorities in favour of defendant and even appeal filed by plaintiff against order of revenue authorities has been dismissed by competent statutory appellate authority - Plaintiff cannot claim to be in..........
Criminal Procedure Code, 1973, Section 122(1)(b) -- Imprisonment in default of security - Relevant records have not been produced by petitioner to defend his case - No sufficient opportunity thus, given to petitioner to defend his case - Order issuing warrant of arrest set aside - Matter remitted...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 34 -- Anticipatory bail - Cheating - Petitioner joined the investigation only once and thereafter on being called again he has failed to join investigation and absconded - NBWs were issued against petitioner - Petitioner has even issued three cheques to complainant in order to clear..........
Civil Procedure Code, 1908, Order 16, Rule 1, 2 -- Summoning of witness - Money suit on basis of promissory note - Defendants denied signature of deceased who executed the promissory note - Plaintiff in order to discharge burden of proof moved present application in order to summons Branch Manager to produce account opening form, which contains specimen signatures of..........
Criminal Procedure Code, 1973, Section 53A, Indian Penal Code, 1860, Section 376A, 376(2)9n), 506, 454 -- DNA test - Rape - FSL report shows that human sperm and semen were found on undergarments of prosecutrix - DNA test is essential for just decision of case as per S.53-A Cr.P.C - Thus, it cannot be said that trial Court has tried to fill up lacuna - Order directing for..........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Power u/s 205 Cr.P.C can be exercised when Magistrate has issued summons and not a bailable warrant - Once non-bailable warrant was issued, proper procedure was to appear before Court seek recalling of that warrant and bail in the matter - Without doing that permanent exemption was sought -..........
