Indian Penal Code, 1860, Section 328, Criminal Procedure Code, 1973, Section 227 -- Administration of stupefying substance - Discharge - Nothing on record substantiates the claim of the prosecutrix that she had been administered any stupefying or unwholesome substance to attract the offence of S.328 IPC - Order of discharge for offence u/s 328 IPC upheld...........
Civil Procedure Code, 1908, Order 39, Rule 3 -- Ex parte ad interim injunction - Non-compliance of provision of O.39.R.3 Proviso (a), (b) CPC - If Court is satisfied of non-compliance by applicant with provisions contained in proviso then on being so satisfied would simply vacate ex parte order of injunction without expressing any opinion on merits of case leaving it open..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Petitioners were not named in the FIR - Prosecution has not produced proper and sufficient evidence on the basis of which petitioners could be called by Court to face trial in the case as co-accused, rather it ought to have waited for some other cogent evidence of fact which could easily..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo order - Ad interim injunction was in favour of plaintiff for almost 22 years from 2002 to 2024 - Suit has been now dismissed by trial Court - Order of status quo rightly passed pending appeal...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Order of appointment of Local Commissioner - Challenge as to - Once JD in pursuance of order allowing appointment of local commissioner appeared before Local commissioner and made her submissions, she was estopped from assailing the same after report was submitted by said Local Commissioner - Order of appointment of Local..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Order of appointment of Local Commissioner - Challenge as to - Objections filed at the instance of JD to report of Local Commissioner were dismissed - Appointment of local Commissioner is merely for the purpose of assistance to Court and its relevance need to be discussed and deliberated upon during course of proceedings on..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 376(3), Protection of Children from Sexual Offences Act, 2012, Section 3, 4(2) -- Suspension of sentence during pendency of appeal - Rape - Finding of High Court that no sexual assault was found without considering overall nature of evidence of case is completely untenable - Prosecutrix stated..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Rape case - Reasoning of High Court falls far short of parameters required u/s 389 CrPC for enlargement of a convict punished for heinous offence, on bail after suspending the sentence - Finding that no sexual assault was found without considering overall nature of evidence of..........
Criminal Procedure Code, 1973, Section 473 -- Condonation of delay - Delay should not be condoned as a matter of routine without sufficient reasons - Court while condoning delay has to record reasons for its satisfaction and same must reflect in the order - Extension of period of limitation merely on ground that it is necessary to do so in the interest of justice and not..........
Criminal Procedure Code, 1973, Section 473 -- Condonation of delay - Trial Court while condoning delay did not consider veracity of reason offered by prosecutor to condone delay - Trial Court ought to have considered whether reason offered by prosecutor to condoned delay is genuine and reasonable or not - Since impugned order is bereft of any reason, order set aside -..........
