Criminal Procedure Code, 1973, Section 482, 437(2) -- Petition u/s 482 Cr.P.C - Maintainability - Order of re-arrest of accused u/s 437(2) Cr.P.C - Order passed is a final order and revision can be filed u/s 397 Cr.P.C against such order - Since decision arrived by Magistrate qua said order is purely question of law, petition filed u/s 482 Cr.P.C is maintainable...........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement - Non-filing - O.8.R.10 CPC does not mandate Court to decree suit for no, filing of written statement, but gives it discretion either to pronounce judgment against defendant or to make such order in relation to suit as it thinks fit...........
Civil Procedure Code, 1908, Section 151, Order 15, Rule 5 -- Striking of defence - Recall of order - Defendant/tenant completely negligent in complying with provision of O.15.R.5 CPC, as he failed to pay monthly rent regularly - Even, defendant was negligent in depositing the amount and interest even after filing of application U.O.15.R.5 CPC and deposited the same after..........
Criminal Procedure Code, 1973, Section 397, 311 -- Revision - Maintainability - Order rejecting application u/s 311 Cr.P.C is an interlocutory order and no revision against said order is maintainable - Revision rightly dismissed...........
Criminal Procedure Code, 1973, Section 311, Negotiable Instruments Act, 1881, Section 138 -- Recall of PW1 - Complaint u/s 138 of N.I Act - Grounds for recalling PW1 not mentioned in the application - Complaint u/s 138 of N.I Act pending since 2010 and witnesses of complainant already been cross-examined in 2017 - Application filed by accused appears to be totally..........
Criminal Procedure Code, 1973, Section 156(3) -- Direction for registration of FIR - Once Magistrate takes cognizance of offence, he cannot thereafter order for an investigation u/s 156(3) Cr.P.C...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, Civil Procedure Code, 1908, Order 9, Rule 13 -- Death of defendant during pendency of application to set aside ex parte decree - Property alienated during pendency of application to set aside ex parte decree - Impleadment of transferee pendente lite - High Court allowed impleadment..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At appellate stage - Amendment sought would have the effect of changing very nature of case - Court committed no fault in rejecting application for amendment - No interference warranted in impugned order...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 415 -- Quashing of order - Order taking cognizance - Offence u/s 415 IPC - Trial Court took cognizance upon protest petition - While allowing protest petition, trial Court examined CW1 to CW4, who have narrated all ingredients, which prima facie disclose offence for which Court below has taken..........
Criminal Procedure Code, 1973, Section 85 -- Release of attached property - Property attached to secure presence of accused - Accused appeared before Magistrate within 4 months of order of attachment and pleaded guilty - Once purpose of issuing attachment was achieved, Magistrate ought to have withdrawn attachment and restored the property - Authorities directed to restore..........
