Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-deposit of rent - Dispute regarding first date of hearing - Question as to which date is first date of hearing is a vital question, which may be decided after framing of issues and on the basis of evidence on record and giving opportunity of hearing to parties - Said question may be considered by..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Disputed questions of fact cannot be adjudicated by High Court u/s 482 Cr.P.C - Only in cases where Court finds that there is failure of justice or misuse of judicial mechanism or procedure, sentence or order is not correct, power u/s..........
Criminal Procedure Code, 1973, Section 228, 397(2), 482, Constitution of India, 1950, Article 227 -- Charge - Order framing charge - Challenge thereto - Order framing charge is not purely interlocutory order and in a given situation be interfere with u/s 397(2) Cr.P.C. or 482 Cr.P.C. or Article 227 of the Constitution which is a constitutional provision but the power of..........
Criminal Procedure Code, 1973, Section 228, 397(2), 482, Prevention of Corruption Act, 1988, Section 22(d), Constitution of India, 1950, Article 227 -- Charge - Order framing charge - Challenge thereto - Stay of proceedings - Wherever stay is granted, a speaking order must be passed showing that the case was of exceptional nature and delay on account of stay will not..........
Criminal Procedure Code, 1973, Section 228, 397(2), 482, Constitution of India, 1950, Article 227 -- Charge - Order framing charge - Challenge thereto - Stay of proceedings - (i) there is no bar to jurisdiction of the High Court to consider a challenge against an order of framing charge in exceptional situation for correcting a patent error of lack of jurisdiction; (ii)..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 294A, 420, 120B -- Quashing of FIR - At the stage of investigation - Validity - Offence u/ss 294-A, 420, 120-B IPC - Accused allegedly printed lottery tickets and sold it without permission and amassed enormous profit from the same - Huge amount of cash of Rs.7.2 crores recovered from house of..........
Criminal Procedure Code, 1973, Section 401, 482 -- Summoning of accused by revisionary Court - Offence u/ss 342, 500, 120-B IPC - There is no dispute that complaint filed by complainant was dismissed by Magistrate and complainant challenged the said order before revisionary Court - However, there is no evidence on record that revisionary Court while setting aside order of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 438, 439 -- Contraband - Commercial quantity - Bail or anticipatory bail cannot be granted without reference to S.37 NDPS Act and without entering a finding on the required level of satisfaction in case Court otherwise is inclined to grant bail - In the absence of such..........
Indian Penal Code, 1860, Section 294, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 294 IPC - Use of abusive words - Petitioner no.1 abused complainant by using obscene language publicly - Even though there are some discrepancies in the statements of witnesses relating to actual abusive words hurled at complainant but prima facie case u/s 294 IPC is made out..........
Criminal Procedure Code, 1973, Section 377(3), Indian Penal Code, 1860, Section 302 -- Appeal by State seeking enhancement of jail sentence - Dasti notice was duly served to accused - However, he did not appear - Even no appeal filed by accused questioning legality of order of Sessions Judge convicting him for commission of offence of murder - Amicus curiae is appointed by..........
