Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Accused who was discharged previously and against whom proceedings are previously quashed and a person against whom cognizance was not taken previously can also be added as an accused u/s 319 Cr.P.C notwithstanding the said orders passed earlier - Similarly order passed by a committal Court..........
Civil Procedure Code, 1908, Section 24, Constitution of India, 1950, Article 227 -- Order passed u/s 24 CPC - Petition under Article 227 of Constitution thereagainst does not lie...........
Criminal Procedure Code, 1973, Section 482 -- Inherent power - S.482 Cr.P.C. gives inherent power to High Court to make such orders as may be necessary to prevent abuse of process of any Court or otherwise to secure ends of justice - Under S.482 Cr.P.C. there is no necessity to challenge any specific order of any Court, if aggrieved person feels that act of anyone is..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 120B, Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Order framing charge - Offence u/s 120-B, Ss.7, 13(1)(d), 13(2) of P.C Act - Criminal conspiracy between all accused for demand of illegal gratification being paid to A-2 albeit it may not have reached to A1 - Prosecution..........
Criminal Procedure Code, 1973, Section 156(3) -- Direction to investigate - Without insisting upon complainant to file affidavit - Order is unsustainable...........
Criminal Procedure Code, 1973, Section 156(3), Indian Penal Code, 1860, Section 420, 417, 405, 120B, 34 -- Direction to investigate - Cheating - Dispute between parties is non-sharing of profits arising out of business transaction - However, there is no statement as to what was profits made by accused - Entire transaction is apparently contractual transaction and dispute..........
Civil Procedure Code, 1908, Order 39, Rule 4 -- Status quo order - Vacation of - Partition suit - Plaintiffs have failed to prove prima facie case of jointness - Whereas, defendants have brought several documents which are indicative of partition between three brothers - There is nothing joint between plaintiff and defendants - Status quo order vacated...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit for damages - Suit for declaration, permanent and mandatory injunction - Plaintiff neither in application contended that there is a formal defect because of which suit must fail, nor trial Court adverted on said aspect - Requirement U.O.23.R.1(3) CPC for grant of liberty..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Right of default bail is not affected by Supreme Court Order of extending limitation for filing cases in view of COVID-19 lock down - Denial of such right thus, definitely amount to violation of his fundamental right u/art 21 of Constitution of India - Petitioner held, entitled to default bail with conditions...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Suit to set aside compromise decree is not maintainable - However, compromise decree can be questioned on an application under proviso to Rule 3 of Order 23 CPC before the Court...........
