Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Dismissed by High Court - Second application for anticipatory bail before Sessions Court - Maintainability - Bail application filed by same applicant on same set of facts and circumstances for second time is not maintainable...........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit - Leave to defend is granted even in cases where defendant upon disclosing a fact, though lacks the defence but makes a positive impression that at the trial the defence would be established to plaintiff's claim - Only in cases where defence set up is illusory or sham or practically moonshine, plaintiff is..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail and annulment of order of bail - Cancellation of bail can be on any kind of supervening circumstances or breach of any conditions imposed - Whereas annulment of order of bail is when Court granting bail has failed to take into consideration the relevant material factors which would make the order..........
Civil Procedure Code, 1908, Order 22, Rule 4(2), 5, Civil Procedure Code, 1908, Order 41, Rule 31 -- Second appeal - While deciding second appeal, it is obligatory upon High Court to properly set out the case of parties, findings recorded by trial Court and first appellate Court, arguments of parties on the questions of law framed in the light of law applicable to the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compromise - Cheque amount paid by accused to complainant and compromise arrived at between parties which is voluntary and without any pressure or coercion - Complainant has no objection if matter is compounded and impugned judgment of conviction and sentence..........
Hindu Marriage Act, 1955, Section 28, Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree passed under Hindu Marriage Act - Application U.O.9.R.13 CPC to set aside ex parte decree is maintainable - A party aggrieved by an ex parte judgment and decree may either file an application U.O.9.R.13 CPC or an appeal...........
Criminal Procedure Code, 1973, Section 107, 111 -- Offence u/s 107 IPC - It is mandatory that an order issued u/s 111 Cr.P.C. by exercise of jurisdiction u/s 107 Cr.P.C. to set forth the substance of information received, the amount of bond to be executed, the term for which it is to be in force and the number, character and type of securities, if any, which are required...........
Civil Procedure Code, 1908, Order 22, Rule 3, 9 -- Death of plaintiff - Substitution of L.R's - Condonation of delay - Application filed by daughter/respondent after 11 years of death of her father/plaintiff - However, period of limitation for moving such application is 90 days u/art 120 of Limitation Act - More so, respondent had full knowledge of death of her father and..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Ex parte order - Setting aside - Once Court comes to a finding that petitioner was wrongly proceeded ex parte then he should be allowed to join proceedings from the stage when he was proceeded ex parte and not at the stage which was pending the day ex parte order is set aside...........
Criminal Procedure Code, 1973, Section 311 -- Recalling of witness - Not a single specific reason has been assigned by High Court as to why recall of as many as 13 witnesses was necessary as directed in impugned order - No fault has been found with reasoning of order of trial Court which rejected the recall application - Mere observation that recall was necessary for..........
