Civil Procedure Code, 1908, Order 22, Rule 9 -- Abatement - Setting aside - Principles governing - (i) The words 'sufficient cause for not making the application within the period of limitation' should be understood and applied in a reasonable, pragmatic, practical and liberal manner, depending upon the facts and circumstances of the case, and the type of case - The words..........
Criminal Procedure Code, 1973, Section 144 -- Breach of peace - Exercise of power by Executive Magistrate - Held, Executive Magistrate exercising power u/s 144 of the Code has no jurisdiction to decide a dispute of a civil nature between two sections of people, which is in realm of private law - Executive Magistrate is not expected to invoke power u/s 144 of the Code in a..........
Criminal Procedure Code, 1973, Section 437, 439 -- Interim bail pending hearing of a regular bail application - Can be granted except in the following circumstances - (i) In a case of grave offence like murder, dacoity, robbery, rape etc. ; (ii) The case involves an offence under the U.P.Gangsters Act and in similar statutory provisions; (iii) The accused is likely to..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - While granting bail Court may impose conditions in the light of the facts of the particular case, as it may think fit, including (i) a condition that a person shall make himself available for interrogation by police officer as and when required, (ii) a condition that the person shall not, directly or..........
Civil Procedure Code, 1908, Section 100 -- Scope - (i) The High Court would be justified in admitting the second appeal only when a substantial question of law is involved; (ii) The substantial question of law to precisely state such question; (iii) A duty has been cast on the High Court to formulate substantial question of law before hearing the appeal; (iv) Another part..........
Criminal Procedure Code, 1973, Section 145(4) -- Magistrate when proceeds under the proviso to sub-section (4), he may restore possession to the party forcibly and wrongfully dispossessed...........
Criminal Procedure Code, 1973, Section 451 -- Release of vehicle on Sapurdari - Should be given to the person who is prima facie owner - Owner means the person in whose name the motor vehicle stands registered. The legal position, therefore, is that the sapurdari of a vehicle in proceedings under Section 451 Cr.P.C. should be given to the person who is prima facie owner of..........
Criminal Procedure Code, 1973, Section 320, 482 -- Compounding of offence - Inherent powers - Exercise of - Held, S.320(9) Cr.P.C. provides that no offence shall be compounded except as provided by that Section - Therefore, High court in exercise of its inherent powers u/s 482 Cr.P.C. cannot pass an order which has been specifically prohibited under the Code of Criminal..........
Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 15 -- Confession - Recording of - Guidelines : (1) The confession should be recorded in a free atmosphere in the same language in which the person is examined and as narrated by him; (2) The person from whom a confession has been recorded under Section 15(1) of the Act, should be produced before the Chief..........
Criminal Procedure Code, 1973, Section 436A -- Retrospective effect - Many cases registered against accused prior to the year 2005 - Accused in jail for 10 years - Held, that accused cannot be released u/s 436-A Cr.P.C. as this section has no retrospective operation - However, it was held hat accused can be released in individual cases in case he applies for bail...........
