Civil Procedure Code, 1908, Section 151 -- Inherent powers of Court - Order obtained by playing fraud on Court - Court is vested with inherent powers to set aside its order even without issuing notice...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 4 -- Vacation of status quo order - Suit for injunction - Restraining defendants from raising construction over motorable path - Admittedly, suit property is joint inter se parties - Plaintiff failed to prove any family arrangement in previous suits filed against defendant - Revenue record also indicate that suit land is..........
Criminal Procedure Code, 1973, Section 156(3) -- Direction for registration of FIR - Magistrate can also assess on receipt of complaint as to whether, he, while conducting an inquiry, at the pre-summoning stage will be able to collect material available on record especially in cases which are based on documentary evidence such as cheating, forgery etc. - It is not in the..........
Criminal Procedure Code, 1973, Section 156(3) -- Direction for registration of FIR - Magistrate is having absolute discretion under provisions of law either to send application to police u/s 156 Cr.P.C or himself take cognizance after taking into facts and circumstance of case into account - Impugned order of Magistrate refusing application u/s 156 Cr.P.C and taking..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Conviction - Suspension of sentence during pendency of revision - Application for suspension of sentence filed as an afterthought to blame earlier counsel against whom no complaint is lodged - Accused was neither taken into custody after passing of judgment..........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Quashing of FIR - Allegation that accused kept on calling wife of deceased on her mobile and keep harassing her which allegations are supported by statements of mother and wife of deceased recording during investigation - Record shows that 3-4 days prior to suicide..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 306, 34 -- Summoning of additional accused - Offence u/ss 306, 34 IPC - Petitioners were not named in FIR initially and complainant being wife of deceased has not raised any suspicion towards them - Even perusal of suicide note does not suggest that they had acted in a manner which abetted..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9 -- Restoration of eviction petition, dismissed in default - Landlord an old man of 79 years suffering from various ailments, was not residing at Shimla during winter season - Therefore he had no occasion to have come to know about the order passed in the rent petition - Delay as occurred stand satisfactorily..........
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 43, Rule 1(c) -- Rent petition - Dismissal in default - Restoration - Appeal against order dismissing application U.O.9.R.9 CPC - Such appeal is maintainable as per scheme of CPC, until otherwise specified by Government by way of issuance of an appropriate notification...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Nothing on record to show as to whether order granting bail is perverse or how concession of bail has been misused by accused - Even no complaint has been made to Police authorities or trial Court to show that accused has tampered with evidence or any threat was given to depose in his favour - Order of..........
