Civil Procedure Code, 1908, Section 105, 115, Order 41, Rule 1A -- Interlocutory order - Revision - Argument that order closing evidence of plaintiff by trial Court had attained finality and is not appealable repelled - Held that the nature of the order would be covered by the sweep of Section 105 and order 43 Rule 1A CPC - It cannot be concluded that the order is not..........
Negotiable Instruments Act, 1881, Section 147 -- Dishonour of cheque - Parties compromised during pendency of revision petition in High Court - In view of Section 147 of the Act complainant permitted to compound the offence and order of conviction and sentence set aside and complainant ordered to be acquitted...........
Criminal Procedure Code, 1973, Section 151 -- Arrest of a person to prevent commission of a cognizable offence - Police Officer can arrest a person without an order from Magistrate and without warrant if the officer comes to know of a design of that person to commit any cognizable offence - Arrest should be made only if it appears to such police officer that commission of..........
Representation of the Peoples Act, 1951, Section 86(5), 83(1)(a), 123 -- Election petition - Amendment of Election petition - Material facts - Application for amendment filed by the petitioner for amendment in the date and venue of the speech which constituted corrupt practice under Section 123(3) and (4) of the Act - Held that it cannot be permitted - These are material..........
Representation of the Peoples Act, 1951, Section 123(1), (3) - - Corrupt practice - Whether offence made out - Gross corrupt practice of bribery as envisaged under Section 123(1) of the Act and corrupt practices as covered by Section 123(3) and (4) the Act allegedly committed by respondents when he was not yet a candidate - Held that he was not a candidate within the..........
Representation of the Peoples Act, 1951, Section 123(7) -- Public servants - Corrupt practice - Teacher and Forest Guard are not covered in the classes of public servants specified in sub-section (7) of Section 123 of the Act - No case made out under Section 123(7) of the Act...........
Age -- Proof - Horoscope - It is a very weak piece of material to prove age of a person - Horoscope can be treated as evidence in terms of Section 32 Clause (5) of Evidence Act provided it is proved to have been made by a person having special means of knowledge as regards authenticity of date, time etc. mentioned therein...........
Criminal Procedure Code, 1973, Section 397(2) -- Revision - Summoning order - An order summoning an accused is not an interlocutory order - Bar created by Section 397(2) would not operate...........
Criminal Procedure Code, 1973, Section 195(1)(b)(ii), 340 -- Offences relating to documents given in evidence - Forged will tendered in evidence - Will forged firstly and thereafter produced in Court - Bar of Section 195(1)(b)(ii) Cr.P.C. will apply when document was forged while same was in custody of Court - Will was forged before producing in Court - Bar of Section..........
Criminal Procedure Code, 1973, Section 195, 340 -- Forged will tendered in evidence - Court is not bound to make a complaint regarding commission of offence referred in Section 195(1)(b) - Where voluminous evidence may have been adduced and the effect of forged piece of evidence on board concept of administration of Justice may be minimal, Court may not lodge a complaint..........
