Criminal Procedure Code, 1973, Section 311 -- Re-examination of witness - Even before presence of accused persons was procured during trial, two witnesses on behalf of complainant were examined by Magistrate u/s 244 Cr.P.C. in absence of accused - Legality of - Held, S.244 Cr.P.C. makes it clear that before recording evidence of complainant, presence of accused is..........
Criminal Procedure Code, 1973, Section 73 -- Arrest warrant - In course of investigation on direction of higher police official petitioners were added as accused since they were allegedly conspiring to manipulate illegal income and property of named accused as his legal income - Issuance of warrant of arrest by Magistrate - Legality of - Held, impugned order does not..........
Civil Procedure Code, 1908, Section 96(2), Order 9, Rule 13 -- Appeal against ex parte decree - Appellant can challenge not only the correctness of the order passed by trial Court setting him ex parte, but also legality and sustainability of decree on its merits - If appeal against ex parte decree is dismissed, he cannot proceed with application U.O.9.R.13 CPC...........
Criminal Procedure Code, 1973, Section 397, 401 -- Acquittal - Revision - Reversal into conviction - Legality of - Held, as per S.401(3) Cr.P.C. High Court has no power to convert finding of acquittal into one of conviction in a revision petition filed u/s 397 Cr.P.C. - Having regard to language employed in S.399(1) and (2) Cr.P.C. and limitations provided by S.401(2) to..........
Constitution of India, 1950, Article 32, Central Vigilance Commission Act, 2003, Section 4(1) -- Appointment - Chief Vigilance Commissioner - Judicial review - Merit review - Held that there is difference between judicial review and merit review - In the case judicial determination is confined to the integrity of the decision making process undertaken by HPC in the proviso..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Appeal - Production of additional evidence - Application for - Separate disposal of - Legality - Held, application for additional evidence has to be considered along with appeal itself inasmuch as only at that time lower appellate Court would be able to be appreciate the relevancy of evidence sought to be produced as..........
Kerala Anti Social Activities (Prevention) Act, 2007, Section 15, 2(P) -- Restriction of movement - Legality and validity of order - Direction contained in impugned order that petitioner shall not commit any anti-social activity within specified area - Impugned order not in conformity with provisions of S.15 of the Act - Held, fact that Authority passed on order which is..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Legality of - There are contradiction in the evidence of complainant - Trial Court observed that witnesses have also not supported the case of prosecution - Prosecution has failed to prove main ingredient of S.138 of the Act and failed to prove that cheque was given by respondent..........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Local inspection of premises - Application by defendant - Rejection - Legality - Prayer rejected for local inspection regarding points 1 and 3 of application for local inspection without assigning any reason at all - Held, defendant is entitled to a decision as to why points 1 and 3 did not require any answer by way of local..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance granted to wife and her child aged one and half year - Quashing of interim maintenance sought by the husband on the ground that he is not financially in a position to pay maintenance as he was undergoing treatment for mental unsoundness - Husband sought to rely on certain documents in support of his..........
