Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Grant of bail merely on the ground that deceased belonged to another religion without discussing relevant factors relating to granting or withholding bail in a murder case - Order granting bail set aside - Matter remitted for decision afresh...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 456 -- Discharge - Lurking house trespass - Accused entered into room in possession of complainant through window - Police submitted charge sheet against accused - Merely because suit for partition filed by accused regarding disputed property is pending, it does not give him right to forcefully..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife failed to join husband in spite of there being order passed u/s 9 of Hindu Marriage Act - Thus, she is not entitled to maintenance u/s 125 Cr.P.C. - Application rightly dismissed qua wife...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Granting 10 days time by Session Judge to accused to surrender before Magistrate while dismissing his application of anticipatory bail - Not sustainable, as such order virtually prevented I.O. from arresting accused during aforesaid period despite dismissal of application for anticipatory bail...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At the stage of deciding application for amendment of plaint, merits of amendment not to be gone into - Impugned order set aside - Amendment of plaint allowed - Respondent shall be at liberty to raise objections relating to concerned amendment and if required issues may also be additionally framed for..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession, mandatory and permanent injunction - In the instant case, plaintiff sought injunction restraining defendants from changing use of land from cremation ground to any other purpose - Factum of cremation ground having been shifted long time back at distance place not denied - Even, no evidence has..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 323, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Summoning of additional accused - Offence u/ss 323, 504, 506 IPC and S.3(1)(x) of SC/ST Act - Complainant suffered only one bone injury that too by co-accused - Role of beating by kicks..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - It is obligatory on the part of Court to arrive at an opinion that a local investigation is requisite or proper for purpose of elucidating any matter in dispute - When this expression is occurring Court below is not right in just writing that no prejudice would be caused to opposite party..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non-filing of written statement within prescribed period - Striking off defence - Written statement filed after 3 years and 8 months which is beyond 30 days prescribed under the Code which could be extended upto 90 days from date of issue of summons - Thus, it shows that defendants wanted to linger on the..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - An order of attachment before judgment is a harsh step and same cannot be resorted to in a routine manner - Power U.O.38.R.5 CPC is a drastic and extra ordinary power and such power should not be exercise mechanically or merely for the asking - Court should be satisfied about existence of a prima..........
