Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Can only be treated as application for passing order for registration of case and investigation and it cannot be treated as complaint case - Magistrate is not always bound to pass order to register a case and investigate if cognizable offence is made out - Magistrate is fully competent to use..........
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Ex parte decree - Remedy of application U.O.9.R.13 CPC and S.96 CPC - When O.9.R.13 CPC provides that a decree can be set aside for reason that defendant was prevented by sufficient cause from appearing on date when case was called whereas u/s 96 CPC, he would obtain the right to assail decree itself on its merits..........
Criminal Procedure Code, 1973, Section 154, 227, Indian Penal Code, 1860, Section 376, 328, 323, 506 -- Discharge - Rape - Prosecutrix in her statement u/s 164 Cr.P.C. specifically narrated about first incident which was without her consent - Promise to marry was stated to be made at a much later stage - Even otherwise, trial Court was only required to consider whether..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Hypothecated vehicles - Vehicles sought for attachment were purchased and registered outside local jurisdiction of Court - Defendant is only custodian of vehicles and yet to become owner of same, as vehicles hypothecated with financial institution being first charge to such properties - Material..........
Criminal Procedure Code, 1973, Section 70, Indian Penal Code, 1860, Section 376(2)(g), 366 -- Arrest warrants - Rape case - Case was thoroughly investigated by police and a detailed negative final report was filed by police - Trial Court was not justified in issuing warrants of arrest against petitioners while taking cognizance against them - Order issuing warrant of..........
Family Courts Act, 1984, Section 10, 19, Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 9, Rule 8 -- Divorce - Dismissal in default - Restoration - Application U.O.9.R.8 CPC for restoration of suit is maintainable - An appeal u/s 19(1) of Family Courts Act is also maintainable as it also come within the purview of judgment or order...........
Prevention of Food Adulteration Act, 1954, Section 2(ia)(a)(m), 7(1)(5), 13(2), 16, Criminal Procedure Code, 1973, Section 482 -- Food adulteration - Quashing of proceedings - Re-analysis of samples - Copy of report of Public Analyst was supplied to petitioner after expiry of best before date stated in the label of sample of food article, hence, petitioner is deprived of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Court can add any person as a party at any stage of the proceedings, if the person whose presence is necessary in order to enable the Court to effectively and completely adjudicate upon and settle all the questions involved in the suit - Avoidance of multiplicity of proceedings is also one of the..........
Criminal Procedure Code, 1973, Section 190, 482, Prevention of Food Adulteration Act, 1954, Section 7(iv), 21 -- Cognizance of offence - Quashing of proceedings - Offence u/ss 7(iv), 21 of PFA Act - Ban on manufacturing and sale of gutkha - However, there is no prohibition on transportation of the same and admittedly, case of prosecution is that truck was intercepted in..........
Civil Procedure Code, 1908, Order 7, Rule 11, Hindu Adoptions and Maintenance Act, 1956, Section 12 -- Rejection of plaint - Dismissal of application - Adoption - By virtue of amendment in the Act in year 2005, no such vested property can be presumed in favour of plaintiff as no such indefeasible right was ever created in favour of plaintiff prior to the year 2005 i.e. on..........
