Criminal Procedure Code, 1973, Section 319 -- Additional accused - An opportunity of hearing has to be given to the proposed persons to be added as accused persons - Impugned order set aside as opportunity of hearing was not provided to them prior to passing the order...........
Criminal Procedure Code, 1973, Section 190, 173 -- Charge-sheet and supplementary charge-sheet to be considered before passing summoning order...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 448, 34 -- Quashing of summoning order - Offence u/ss 448, 34 IPC - Charge-sheet and its annexure were not available before trial Court, when impugned summoning order was passed - Since the charge-sheet also records the role of petitioner though to limited extent, it was incumbent on trial Court..........
Civil Procedure Code, 1908, Order 21, Rule 37, 66 -- Execution - Money decree - Conditional warrant of arrest - Sum involved is Rs.8,37,915 - Once property of JD is attached and order passed for filing application U.O.21.R.66 CPC, said procedure is to be followed to sell property and recover amount - Remedy of arrest and detention of JD is extra ordinary remedies and..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Non filing of written statement within stipulated time - Condonation of delay - Provision of O.8.R.1 CPC though, procedural in nature and hand maid of justice - However, that does not mean that defendant has right to take as much time as he wants in filing written statement, without giving convincing and cogent reasons for..........
Criminal Procedure Code, 1973, Section 228, 227 -- Framing of charge - Charges framed against accused by trial Court without considering application u/s 227 Cr.P.C - It is desirable to examine prima facie material against accused before framing charge, when there was an application u/s 227 Cr.P.C. on behalf of accused for discharging him - Impugned order of framing charges..........
Criminal Procedure Code, 1973, Section 125, 126(2) -- Maintenance - Ex parte - Earlier notices sent by speed post - No specific denial of service of such notices - Difficult to find fault with ex parte order...........
Criminal Procedure Code, 1973, Section 202, 204, 482 -- Non-compliance of inquiry - Objections - At first instance accused can raise objection for issuing summons u/s 204 Cr.P.C. - Since Cr.P.C. does not contemplate review of order passed by Magistrate concerned taking cognizance of offence issuing process without there being any allegation against accused or any material..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - High Court while dismissing bail application had not assigned any reasons in support of dismissal - Even on remand, High Court again dismissed bail application without setting out facts and assigning any reasons - Impugned order of High Court set aside - Matter remanded back to High Court to decide bail..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of party - Proceedings u/s 47-A of Stamp Act - Petitioner impleaded in lis after expiry of statutory period of 4 years as provided u/s 47-A(3) of Stamp Act - No case can be brought against petitioner as per S.47-A(3) of the Act - Impleadment wrongly allowed, as impleadment cannot be done of a person by which he..........
