Criminal Procedure Code, 1973, Section 311 -- Recall of PW1 - Corruption case - PW1 is the author of sanction order - He is competent authority and in his cross-examination he has categorically stated that he sanctioned prosecution - Merely mentioning wrong provision of P.C. Act in sanction order would not vitiate sanction and trial pursuant thereof - Moreover, witness..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - All conditions are satisfied for initiation of proceedings u/s 138 of the Act and it cannot be said that complaint filed is barred by limitation - Even, it is apparent from material on record a prima facie case is made out against..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for recovery of possession - Relief of recovery of possession denied by First Appellate Court but granted by High Court - Defendant pleaded that he was in complete possession of suit premises as owner with absolute rights ever since 1966 when his father had executed deed of release in his favour and for over..........
Civil Procedure Code, 1908, Order 29, Rule 2 -- Notice not served in terms of O.29.R.2 CPC - Dismissal of execution proceedings - Counsel for Insurance company had appeared in response to notice issued in claim petition under Motor Vehicles Act and had filed counter and an award too had passed on merits - Said counsel who appeared for insurance company before Tribunal and..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 120B -- Quashing of summoning order - Offence u/ss 406, 120-B IPC - Court below while summoning accused did not look into entire material in terms of police report which is on record and also did not question and try to elicit as to whether articles were demanded - No statement with regard to..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - First day of remand has to be included for calculating statutory period for default bail - General Clauses Act not applicable to S.167(2) Cr.P.C. - There is no scope of applicability of Ss.12(1)(2) Limitation Act as there is no decision/order, against which any Appeal/Application is being preferred...........
Criminal Procedure Code, 1973, Section 181(4) -- Territorial jurisdiction - Criminal Breach of trust and Misappropriation of money - Allegation relating to criminal Breach of trust and Misappropriation of money which were to be eventually accounted for in Patna (where complainant resides) could prima facie indicate lawful jurisdiction of Patna police - Exercise of..........
Criminal Procedure Code, 1973, Section 156(3), Protection of Children from Sexual Offences Act, 2012, Section 33 -- Direction for investigation - Special Judge under POCSO Act may order investigation u/s 156(3) Cr.P.C, since special judge has jurisdiction to take cognizance u/s 33 of POCSO Act...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to change valuation of suit when plaintiff was asked to value suit on market value of suit property and to pay Court fee accordingly - Plaintiff instead of complying the order sought amendment of plaint - Plaintiff cannot be permitted to change his stand - Trial Court dismissed..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Suspension of sentence during pendency of appeal against conviction - Dowry death - Deceased died within 7-8 months of her marriage - There is oral evidence of parents of deceased regarding cruelty and torture immediately preceding death -..........
