Criminal Procedure Code, 1973, Section 195 -- Forged document filed in Court - Held, that S.195(1)(b)(ii) not attracted - This provision would be attracted only when offences stated in this section have been committed with respect to a document after it has been produced or given in evidence in a proceeding in any Court...........
Civil Procedure Code, 1908, Section 92 -- Plaint allegations only to be looked into in the first instance to see whether the suit falls within the ambit of S.92 CPC - If after taking evidence it is found that the breach of trust alleged has not been made out and that the prayer for direction of the Court is vague and is not based on any solid foundation in fact or reason..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - It can be exercised either to prevent abuse of the process of any Court or otherwise to secure the ends of justice in the categories of cases viz. (1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do..........
Consumer Protection Act, 1986, Section 13(4)(5) -- Civil Procedure Code, 1908, Order 2 Rule 2, Order 22 - Res judicata - Civil suit pending before the Civil Court withdrawn by the complainant in view of the objection in the written statement filed in complaint case - Matter not decided by the Commission on merits as it was observed that in case the appellant is entitled in..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning of - Broad principles governing : (i) Power to summon an accused is discretionary and extra-ordinary power, which should be exercised sparingly and only if compelling reasons exist at any stage of case; (ii) The order passed under Section 319 of the Code of Criminal Procedure summoning an..........
Criminal Procedure Code, 1973, Section 300 -- Discharge of accused - Second Trial - Permissibility of - Held, in terms of S.300 of the Code of Criminal Procedure, 1973 a person once convicted or acquitted by a Court of competent jurisdiction shall not be liable to be tried again for the same offence, nor on the same facts for any other offence - But dismissal of a..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance - Can be said to have taken only when Magistrate applies his mind to the contents of the complaint which must have been done so for the purpose of proceeding u/s 200 and the provisions following that section - Where, however, Magistrate applies his mind only for ordering an investigation u/s 156(3) or issues a..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance - Can be said to have taken only when Magistrate applies his mind to the contents of the complaint which must have been done so for the purpose of proceeding u/s 200 and the provisions following that section - Where, however, Magistrate applies his mind only for ordering an investigation u/s 156(3) or issues a..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Expression, `official duty' - Meaning of - Held, use of the expression, `official duty' implies that the act or omission must have been done by public servant in the course of his service and that it should have been in discharge of his duty - Section does not extend its protective cover to every act..........
Civil Procedure Code, 1908, Section 24, 25 -- Transfer of a case - There is no strait jacket formula - Some of the illustrative but not exhaustive considerations are : balance of convenience or inconvenience to plaintiff or defendant or witnesses; convenience or inconvenience of a particular place of trial having regard to the nature of evidence on the points involved in..........
