Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 323, 147, 148, 149 -- Bail - Double murder case - Accused specifically named in FIR, which was lodged shortly after the incident - Father and uncle of complainant died - Issue as to whether there was a grave and sudden provocation is a matter of trial - High Court was not justified in..........
Criminal Procedure Code, 1973, Section 311, 173(5) -- Summoning of witnesses along with relevant record - Murder case - Witnesses sought to be summoned along with documents in connection with second post mortem of deceased - Although application was filed by Public Prosecutor but it was open for Trial Judge as well to exercise suo moto powers in summoning witnesses, whose..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 23(c), 25A, Criminal Procedure Code, 1973, Section 389(1) -- Suspension of sentence during pendency of appeal against conviction - Recovery of 325 gms heroin and 390 gms pseudoephedrine - Accused who was a proprietor of a courier agency was complicit with a foreign national in booking of two parcels containing..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Addition of more serious offences - Can be taken as an overwhelming circumstances warranting cancellation of bail - But accused should be put on notice regarding such overwhelming circumstances and order cancelling bail, should reflect consideration of those circumstances and consequence need for..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Maintainability - Case was fixed for re-arguments - However, application U.O.9.R.7 CPC was filed by tenant before case was fixed for re-arguments - It cannot be said that application was filed after completion of proceedings - Application U.O.9.R.7 CPC is maintainable...........
Civil Procedure Code, 1908, Order 9, Rule 7, Civil Procedure Code, 1908, Order 17, Rule 2 -- Ex parte order - Setting aside - Eviction suit - Summons were duly served to tenant - Tenant had been appearing in proceedings since the year 2017 - But since Nov 2018 till June 2019, tenant did not come for further progress of case and opted to remain absent from dates fixed..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Striking off defence - Matter was adjourned from time to time in view of COVID-19 epidemic - Delay was not that large so as to disentitle defendants from filing their written statement - U.O.8.R.1 CPC, although maximum period for filing written statement is prescribed as..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction order - Police help - Defendant despite restraint order is stated to be interfering in the peaceful possession of plaintiff - Defendant also not willing to make a statement that till decision on application filed U.O.39.Rr.1,2 CPC she will not interfere in the peaceful possession of plaintiff -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-owners - Physical possession of plaintiff appears to be in dispute - Court should not pass an order of temporary injunction as it would impinge upon possession of co-owners unless there is convincing and cogent materials shown by such litigant evincing the physical possession in the joint..........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree for possession - Amount spent by J.D. on construction - In written statement J.D. has pleaded expenditure of 4.5 lakhs on construction - Operative part of judgment provides that cost of construction is payable and not current value of construction - Order assessing current cost of construction set aside - D.H...........
