Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court has jurisdiction to pass an ex parte interim order - However, it does not empower to grant ad interim relief, without examining the parties and formulating the substantial question of law involved in the second appeal as it is contrary to S.100 CPC...........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Offence under provision of SC/ST Act - There exists no embargo in exercise of power conferred by S.205 Cr.P.C. in trials involving SC/ST Act - Moreover, provision in the shape of S.205 Cr.P.C. has been incorporated in the Statute to prevent unnecessary harassment caused to accused..........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal of prosecution - Case cannot be withdrawn merely when government has issued a Government Order and public prosecutor should also apply his mind by mentioning in his application filed u/s 321 Cr.P.C. that he is satisfied that application has been made under good faith and in the interest of public policy and justice...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Once charge sheet is filed, right to statutory bail u/s 167(2)(a) Cr.P.C ceases and does not revive only because a further investigation order is pending or cognizance over charge sheet has not been taken by Court concerned...........
Criminal Procedure Code, 1973, Section 202 -- Issuance of process - For compelling accused to face trial certainly infringes fundamental right of an accused if order of process is not in consonance with spirit of law and justice...........
Criminal Procedure Code, 1973, Section 125 -- Proceedings u/s 125 Cr.P.C - Whether civil or criminal - Even if non-compliance with an order for payment of maintenance entails penal consequences, as may other decrees of a Civil Court, such proceedings would not qualify or become criminal proceedings - Nomenclature of maintenance proceedings initiated under Cr.P.C, as those..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At appellate stage - Question as to whether party should or should not be allowed to amend its pleadings at the appellate stage cannot in its very nature be decided unless the appeal is first heard on merits - Appellate Court rightly passed the order directing to keep the application in abeyance and same..........
Civil Procedure Code, 1908, Section 51Proviso, Order 21, Rule 37 -- Execution - Money decree - Conditional warrant of arrest - Court must record its satisfaction as per S.51 Proviso CPC that JD with the object of obstructing or delaying the execution proceedings was likely to abscond, leave the local limits or after the institution of suit dishonestly transferred,..........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Scope of revision is quite restricted to the extent of examining the correctness, legality and propriety of impugned judgment and order - Appreciation of evidence is not done generally in such cases, unless finding is perverse or admissible evidence is ignored or inadmissible evidence is taken into..........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - Charges were framed against petitioner u/s 420 IPC - There is no fresh material available on record to indicate commission of offences u/ss 465, 467, 468, 471, 120-B IPC - Application u/s 216 Cr.P.C. was moved after four years of framing of charges - It is evident that respondent No.2 has indulged in this..........
