Criminal Procedure Code, 1973, Section 228 -- Omission to frame charge - Order of remand - Trial Court framed charge against accused u/ss 302, 390, 392, 457, 120-B, 34 IPC - No charge framed u/s 397 IPC - High Court remitted the matter to trial Court for framing charge u/s 397 IPC - Deduction of High Court that omission to frame charge u/s 397 IPC has resulted in..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Sufficient cause - Petitioner remained ex-parte on two occasions and provided no valid and sufficient reason to set aside ex-parte decree - If intention of litigant is not bonafide then he is not entitled to indulgence of Court - Order dismissing application calls for no interference...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compromise - Complainant admits factum of compromise and accorded his consent that he has no objection if conviction and sentence of accused is set aside - Conviction and sentence of accused set aside - Accused acquitted...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 9, Rule 6(1(a)), Civil Procedure Code, 1908, Order 8, Rule 10 -- Ex-parte decree - Setting aside - Non filing of written statement and non appearance to explain the circumstances under which written statement was not filed and to seek further time for said purpose - It is an ex parte decree..........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal of application u/s 321 Cr.P.C. - High Court directing Magistrate to consider application of APP seeking withdrawal of application u/s 321 Cr.P.C. - At the same time High Court also permitted accused to file an application u/s 91 Cr.P.C. - It is difficult to appreciate how S.91 Cr.P.C. can be taken aid of by accused -..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4, 9 -- Second appeal - Death of both plaintiffs and defendants - Abatement of second appeal - Substitution of LR's - Second appeal abated within knowledge of parties, but they did not care to get its abatement set aside deliberately for long time - Appeal abated in the year 1994 and substitution application along with delay..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Transfer of investigation to CBI - Offence u/ss 363, 365, 376(2)G, 506, 201, 120-B IPC - Defective investigation conducted by ASI of Police - Concerned ASI reverted to the post of Head Constable - Certain witnesses have not been examined by investigating agency without any reason - Reasoning of High..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of eviction petition - Liberty to file afresh petition - Technical defects - No factual averments made in support of fact that there are some technical defects in pleadings which cannot be cured by any other mends including amendment application - In the absence of the same, application of withdrawal of eviction..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compromise - Complainant placed on record compromise deed wherein, it is admitted that matter is finally settled and complainant has no objection if offence is compounded and accused is acquitted - Judgment of conviction and sentence set aside and accused..........
Civil Procedure Code, 1908, Section 60(1)(c) -- Execution - Exemption from attachment - Land appurtenant to residential building - Trial Court declined relief sought for without considering the aspect as to whether petitioner is entitled to get protection of the properties proclaimed for sale in accordance with S.60(1)(c) by taking into account the evidence available..........
