Civil Procedure Code, 1908, Section 25 -- Transfer of suit - Question as to whether Court in which suit is instituted has territorial jurisdiction to try and determine the suit cannot be gone into in a petition for transfer of suit u/s 25 of the Code - This point is required to be urged before the Court in which suit is pending...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Application seeking extension of period for submitting challan was filed and accused contested the said application - However, accused did not choose to pursue and press his application pending for default bail - Period extended for submitting challan - Accused after 6 months of date of filing of his original..........
Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C - Second appeal arising out of civil suit pending wherein Court has directed the parties to maintain status quo - Proceedings quashed - Mustard crop seized or handed over to the receiver ordered to be returned back in a proper condition - If crop seized is not available then SDM shall be personally..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from further alienating property to third parties pending disposal of partition suit - Property in question is ancestral property as admitted by both the parties - Defendant thus, cannot sell entire joint property unless there is specific authority conferred on him by them to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Partition suit - Plaintiffs and defendants are co-sharers in suit property - Both the parties have relied on certain documents to establish their possession - Plaintiff neither pleaded nor established that he is in exclusive possession of suit property - Moreover, interest of plaintiff is adequately..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - If application filed by prosecution seeking extension in time to complete investigation filed in prior in point of time is pending when application u/s 167(2) Cr.P.C is filed by accused, accused cannot claim an indefeasible right to be released on bail...........
Prevention of Money Laundering Act, 2003, Section 3, 4, Criminal Procedure Code, 1973, Section 439 -- Bail - Money laundering - Accused faced trial in offences under Prevention of Corruption Act and his appeal remains pending - Looking to nature of case and witnesses to be examined, trial is to take time - Accused is in custody since 27.11.2019 - Moreso, properties of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - While deciding petition u/s 482 Cr.P.C, Court cannot sit in trial or embark on an enquiry upon merits of case pending before trial Court - Power u/s 482 Cr.P.C to quash proceedings has to be sparingly exercised...........
Criminal Procedure Code, 1973, Section 406 -- Transfer of criminal case within a State - Grounds of overlapping points due to pendency of civil suits with those involved in criminal case pending in same court, would not justify transfer of case - Transfer application dismissed...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - After filing of charge sheet - Particulars required to be given in anticipatory bail application, viz. (i) Charge-sheet along with entire material collected by I.O should be made part of anticipatory bail application; (ii) Clear pleading with reference to material on record should be made stating under which..........
