Civil Procedure Code, 1908, Order 1, Rule 10 -- Transposition of plaintiff Nos.3 & 4 as defendants - Necessary party - Plaintiff has every right to array petitioner-transposed defendants as defendants, particularly when they were taking side of defendant and took U-turn by withdrawing suit on their part which was filed collectively along with other remaining plaintiffs -..........
Criminal Procedure Code, 1973, Section 228, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 21, 25 -- Framing of charge - Unauthorized use of premise for manufacturing psychotropic substances - Legality of order - At time of framing of charge, Court is obliged to pursue material on record regarding prima facie case against accused - In the instant case,..........
Criminal Procedure Code, 1973, Section 235 -- Quantum of sentence - In proportionality analysis, it is necessary to assess seriousness of an offence in order to determine commensurate punishment for offender - Seriousness of an offence depends, apart from other things, also upon its harmfulness...........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Local Commissioner - Declining to appoint - Revision - Order does not decide any rights of parties nor can a Local Commissioner be appointed for collecting evidence on behalf of either of parties, therefore said order is not revisable - Revision being bereft of merit dismissed in limine...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 379 -- Dismissal of complaint - Quashing of order - Offence u/s 379 IPC - In the complaint crucial details i.e. date of commission of theft not mentioned - Date of theft disclosed for first time in preliminary evidence as adduced by complainant, wherein it was alleged that offence of theft was..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 295A, 153A -- Anticipatory bail - Comments posted on face book to insult members of Islam religion - Prima facie comments made by petitioner on prophet are not statements made unwittingly or carelessly - Tone and tenor of comments indicate that they were made by him with deliberate and malicious..........
Criminal Procedure Code, 1973, Section 156 -- Direction to CBI to convert preliminary enquiry into FIR - Matter regarding misuse of official position and causing loss to public exchequer - Involvement of public servants, loss of public exchequer and offences regarding national and international ramifications necessitating investigation by CBI not found in preliminary..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Police submitted negative final report against petitioner and matter was kept pending u/s 173(8) Cr.P.C against petitioner no.2 - No overt act was assigned to petitioners in the statements of witnesses - More so, all injured witnesses not examined so far - Since matter was kept pending u/s..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A -- Violation of injunction order - Three conditions must be satisfied for invoking power U.O.39.R.2-A CPC viz. : (i) there should be order of injunction; (ii) other party has knowledge about injunction order and: (iii) said injunction order is violated or disobeyed...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A -- Violation of temporary injunction order - Proceedings U.O.39.R.2-A CPC are akin to contempt proceedings and are quasi criminal in nature - Higher degree of proof is required for holding guilty of violating order of temporary injunction...........
