Criminal Procedure Code, 1973, Section 439 -- Bail - Granting or rejecting bail by High Court - Supreme Court does not ordinarily interfere with orders of High Court granting or rejecting bail - However, it is open to Supreme Court to set aside order of High Court where it is apparent that High Court has not exercised its discretion judiciously and in accordance with basic..........
Criminal Procedure Code, 1973, Section 125, Family Courts Act, 1984, Section 15 -- Maintenance - Right to cross examination - Condition imposed while allowing cross examination - Family Court acted in contravention of S.15 of the Act - Impugned order set aside - Family Court would give opportunity of cross examination to both the sides and then decide the case afresh...........
Criminal Procedure Code, 1973, Section 145, 482 -- Proceedings u/s 145 Cr.P.C - Dispute regarding temple - Civil suit between parties stands adjourned sine die and parties were directed to maintain status quo with regard to passage which is bone of contention between parties for going in and out for general public - Petitioner failed to produce any document of ownership..........
Criminal Procedure Code, 1973, Section 235(2) -- Death sentence - Kidnapping and murder - Accused not heard on question of sentence - Order of sentence set aside - Case remanded to trial Court with direction to pass fresh order on sentence after following procedure provided u/s 235(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 193, 82 -- Summoning of accused and passing of proclamation order u/s 82 Cr.P.C against him - Police sought discharge of petitioner from case - Even statement of ASI is to the effect that petitioner is to be discharged from the case - Subsequently, when inquiry was conducted in the application filed on behalf of other accused, earlier..........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal from prosecution - Public Prosecutor had not applied his mind but had only placed Government notification on record - Public Prosecutor acted like a post office and Magistrate by allowing the application u/s 321 Cr.P.C has passed an order not within parameters of S.321 Cr.P.C - High Court in revision petition..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Agreement to sell gives prima facie impression that it is transcribed on a signed stamp paper and thereafter signatures of witnesses as well as plaintiff have been appended - Words `Shree Ganeshaya Namah' is placed at such a place which appears to have been done for..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Recovery suit - Work contract - Reduction of decretal amount by Appellate Court - Appellate Court committed error by reducing the decretal amount on the basis of records of defendants even though said records especially measurements books not produced in Court - Findings of Appellate Court are perverse and without any reasons..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - Application to set aside ex parte decree not filed within 30 days of knowledge of ex parte decree - Meanwhile husband remarried - Where a party has solemnized a second marriage, issue concerning ex parte decree has to be decided keeping in view the interest of second wife - Courts..........
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482 -- Cheating - Accused acquitted in a complaint filed u/s 138 of the Act with a categoric finding that accused was not under any legally enforceable debt or liability - Therefore, there was no mens rea on the part of accused to cheat or that he had any dishonest intention qua the..........
