Criminal Procedure Code, 1973, Section 202(1) -- Summoning of accused residing beyond jurisdiction of Court - Before summoning the accused residing beyond jurisdiction Magistrate shall enquire into the case himself or direct investigation to be made by a police officer or by such other person as he thinks fit, for finding out whether or not there was sufficient ground for..........
Criminal Procedure Code, 1973, Section 202(1), 482 -- Summoning of accused residing beyond jurisdiction - Non compliance of mandatory provision of S.202(1) Cr.P.C. - Fatal to proceedings - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Accused summoned without adhering to the mandatory provision of S.202(1) Cr.P.C. as accused was residing beyond jurisdiction of Court - Magistrate also summoned an accused who was dead on the date of recording statement of complainant - Revisional Court rejected revision - Both Courts below acted..........
Criminal Procedure Code, 1973, Section 190, 482 -- Cognizance of offence - Quashing of order - Subsequent disclosure indicates that petitioners were participants in incident occurred and they have been implicated as parties and being absconders, N.B.Ws have been issued for their appearance by taking cognizance - Validity - Held, Magistrate is not bound by police document..........
Family Courts Act, 1984, Section 7(1)(c), 7(1)(e) -- Jurisdiction of Family Court - Held, a suit or proceedings between parties to marriage with respect to property of parties or either of them is maintainable before Family Court - Therefore, when a husband sues his wife for recovery of his property such a suit will squarely fall within jurisdiction of Family Court and..........
Family Courts Act, 1984, Section 7 -- Family Court - Proceedings - Maintainability - Held, if on the date of institution of suit, same was maintainable before Family Court, subsequent developments such as death of one of the parties will not render either proceedings or an appeal before a superior forum incompetent for want of jurisdiction - Therefore, petition filed by..........
Civil Procedure Code, 1908, Order 18, Rule 16, 1 -- Examination of witness - Satisfaction of Court - Certain manifest discrepancies found regarding age of defendant, her signature and L.T.I, appearing in sale deed, and fact that she was widow or not - Held, said conditions not germane for examining witness at early stage giving go bye to procedure prescribed in O.18.R.1..........
Civil Procedure Code, 1908, Section 11, Evidence Act, 1872, Section 115 -- Res judicata and estoppel - Suit for declaration of title and injunction - Predecessors-i, interest of plaintiffs had all along fought earlier cases in Courts of competent jurisdiction in respect of suit lands for Nongspung clan - Held, subsequent suit raising same issues bared by res judicata and..........
Civil Procedure Code, 1908, Section 115 -- Revisional jurisdiction - Exercise of - Held, High Court cannot substitute its own findings on question of fact for findings recorded by Subordinate Courts on re-appraisal of evidence...........
Criminal Procedure Code, 1973, Section 401 -- Acquittal - Revision against - Powers of High Court - Held, revisional jurisdiction of High Courts while examining an order of acquittal is extremely narrow and ought to be exercised only in cases where trial Court had committed a manifest error of law or procedure or had overlooked and ignored relevant and material evidence..........
