Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Suit for declaration and permanent injunction - State is owner of suit property - State is a necessary party represented by District Collector - Suit is bad for non-joinder of necessary and proper party...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Not limited to supervening events or events which take place after grant of bail...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - An order which is tarnished by patent illegality or perversity and which does not assign reasons for the order can definitely be set aside in proceedings u/s 439(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - An order granting bail based on irrelevant material or an order which does not take into consideration relevant material can also be cancelled in exercise of powers u/s 439(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 420, 467, 468, 471, 406, 506, 120B -- Cancellation of bail - Cheating - Opposite party No.2/accused has been absconding and is not cooperating with investigation - Court below while granting bail to accused has totally ignored FSL report regarding fake, forged and fabricated agreement - Charges..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence - While imposing sentence u/s 138 of the Act, Court should exercise its discretion in imposing fine by having regard to S.357(3) Cr.P.C - Rather, criminal Court should bear in mind the object of Chapter XVII containing Ss.138 to 142 of the Act and give priority to compensatory aspect of remedy...........
Probation of Offenders Act, 1958, Section 3, 4, Criminal Procedure Code, 1973, Section 360, 361 -- Benefit of probation - Appellants are more than 60 years and 67 years respectively - They have suffered various age related ailments - Appellants are facing trial for the last 32 years - Benefit of probation granted to appellants...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Petitioner moved an application u/s 319 Cr.P.C. for arraigning driver of bus - However, material brought on record, FIR, charge sheet, statements of five witnesses, site memo and information of I.O. which in an unequivocal and unambiguous term indicates that negligence of accused `S' who was..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Proposed parties are admittedly children of one of co-sharer of parties to suit - They are necessary parties - Proposed parties though not shown as respondents in petition, however, their names were indicated in petition with all details of their identity - It is a..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff seeking temporary injunction restraining defendants from interfering in his possession - By way of counter claim defendant seeking temporary injunction restraining plaintiff from creating any obstruction in their peaceful possession - Defendants in support of their counter claim has..........
