Criminal Procedure Code, 1973, Section 385, 386 -- Appeal against conviction - Dismissal of appeal in default and for no, prosecution without examining merits of case not permissible - Appellate Court has to dispose of appeal on merits after perusal and scrutiny of record - Impugned order set aside - Matter remanded back to appellate Court for deciding appeal afresh..........
Criminal Procedure Code, 1973, Section 91 -- Production of documents - Income tax return called from complainant by way of present application - However, it was nowhere established that Income Tax return was ever filed - There is thus, no justification to issue such direction u/s 91 Cr.P.C. to produce Income Tax return - However, if accused wants to set up his defence by..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of guardianship petition - Bar of jurisdiction - Principle of comity of Courts or principle of forum convenience alone cannot determine threshold bar of jurisdiction - Paramount consideration is best interest of child - Same cannot be subject-matter of final determination in proceedings U.O.7.R.11 CPC - Impugned..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint rejected without there being an application for rejection of plaint - Trial judge exceed his power and committed grave irregularity - Order rejecting plaint set aside...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration - High Court allowed second appeal without hearing subsequent purchaser who allowed to become a party respondent along with plaintiff - Application of subsequent purchaser u/s 151 r/w O.41.R.21 CPC praying for an opportunity of hearing also dismissed by High Court - Impugned order of High Court..........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Report of Local Commissioner - Local Commissioner did not take measurements by taking permanent point of one stone to other stone for purpose of determination of encroachment - It was just an eye wash to conduct demarcation in compliance of order of Court - Nothing prevented plaintiff to summon Kanungo for proving contents..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Matrimonial dispute - Settlement - Dispute between parties sorted out and they arrived at an agreement to settle all cases between them - Husband handed over a demand draft of Rs.1 lakh to wife in terms of agreement and also paid another sum of Rs.95,000 to wife - Settlement is taken on record and form part of..........
Criminal Procedure Code, 1973, Section 125(3), Indian Penal Code, 1860, Section 67 -- Maintenance - Default in payment - Sentence of imprisonment - Sentence imposed u/s 125(3) Cr.P.C. is only a mode of enforcement of direction to pay amount of maintenance and not as a punishment - Court below therefore, seriously erred in invoking S.67 IPC for handing down sentences of 6..........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Court while allowing revision petition neither issued notice to petitioners nor petitioners arrayed as respondents by complainant - Court of Revision required to afford an opportunity of hearing to concerned party at time of upsetting order passed in favour of said party by Magistrate - Impugned order set aside..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Agreement to sell - Possession in pursuance of agreement to sell - Plaintiff in possession on the date of institution of suit - However, during pendency of suit plaintiff dispossessed - Defendant directed to hand over possession of suit property to plaintiff - Plaintiff with the help of police can..........
