Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - If any extraneous material forms part of consideration of Magistrate of Court concerned as incentive for taking cognizance and issuing summons in such matter, then entire proceeding is vitiated and summoning order cannot be sustained in the eye of law...........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Rejection of final report - Magistrate while rejecting final report and allowing protest petition, travelled beyond material so collected by I.O and placed reliance on two affidavits filed in support of protest petition, that vitiates entire proceedings - Summoning order passed by Magistrate quashed...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Locus standi - Where allegations are of tampering with Court order and for whatever reason State has not filed application for cancellation of bail, locus is not that much important and it is insignificant...........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Cancellation of bail - Cheating - Allegation against accused are very serious of tampering and/or manipulating Court record and accused has taken benefit of such forged manipulated Court order in another case - Charge sheet is filed against accused and even charges..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9, Limitation Act, 1963, Section 5, Order 43, Rule 1(c) -- Composite application U.O.9.R.9 & S.151 CPC and S.5 Limitation Act - Rejection of said application - Appellate Court held that order passed amount to an order passed U.O.43.R.1(c) CPC and appeal thereagainst is maintainable - There is no order on merits of the..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Appeal against order granting bail - Brutal murder of son of complainant committed by accused - Postmortem report of deceased would indicate as many as eight ante mortem injuries - Bail granted having regard to the larger mandate of Art.21 of the Constitution - Though protection of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Declined by trial Court - Appeal against order dismissing application U.O.39.Rr.1, 2 CPC filed beyond the statutory period of 30 days - No justification either in pleadings or during course of arguments for not filing statutory appeal within stipulated time despite copy of order having been supplied..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Application dismissed - Order does not operate as res judicata or estoppel for trial Court to change its mind at a later stage...........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - Eviction in pursuance of eviction order - Appeal against order of eviction filed in the year 2018 not decided - Eviction of petitioner from premises in question stayed till final disposal of appeal filed by petitioner...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of sole plaintiff - Impleadment of L.R's - Suit itself stood abated by operation of law - LR's sought impleadment in appeal filed against dismissal of temporary injunction application in said suit - When main suit itself is no longer survived owing to operation of law, an interlocutory order passed therein automatically..........
