Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail can ordinarily be cancelled if accused misuses liberty of bail granted to him or violates condition of bail order...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of anticipatory bail - Petitioner did not made any misrepresentation while craving anticipatory bail - He appeared before I.O for investigation and original documents have been recovered - Neither accused misused liberty of bail nor violated any condition of bail order as portrayed while challenging order..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree of specific performance - Plaintiff directed to pay balance sale consideration, stamp duty and penalty within two months - Quantum of stamp duty not adjudicated and penalty not determined resulting in failure of decree holder to pay the same - Decree holder already paid sale consideration to vendor - Order..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for specific performance - Agreement to sell regarding suit property alleged to be executed between father of defendant no.1 and respondent at a point when eviction had already been ordered against tenant - Respondent is himself a doubtful entity, as he never surfaced either in a Court..........
Criminal Procedure Code, 1973, Section 203 -- Dismissal of compliant - While exercising power u/s 203 Cr.P.C., it is incumbent to reflect in the order, basis for arriving at the conclusion that there are no sufficient grounds to proceed with complaint case...........
Criminal Procedure Code, 1973, Section 190, 482 -- Cognizance - Over implication - One injury caused by 16 persons - It is highly improbable that only one injury can be caused by sixteen persons - Court at the time of taking cognizance has to ensure that persons against whom cognizance is taken shall be taken to a conclusive stage of trial and appropriate judgment would be..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 409, 419, 420, 506 -- Quashing of complaint - Offence u/ss 406, 409, 419, 420, 506 IPC - Compromise arrived between parties and both parties agreed to part away each other - No date fixed for filing divorce petition in compromise - Time taken by Court while recording evidence and deciding..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Non-framing of specific issue of counter claim pertaining to ownership - Issue pertained to denial of ownership of plaintiff and assertion of same by defendants already framed - Therefore, plaintiff was well aware that there was refutation of claim - Counter claim was not in that way independent claim - High..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - Readiness and willingness in accordance with provisions of Specific Relief Act on part of plaintiff is proved on record - No material on record that plaintiff suppressed material facts - Neither any error nor any infirmity in impugned order and judgment of Appellate Court in..........
Criminal Procedure Code, 1973, Section 195(1)(b)(ii), Indian Penal Code, 1860, Section 420, 471, 468, 467, 109, 34 -- Bar u/s 195(1)(b)(ii) Cr.P.C - Cheating and forgery - Investigating agency prima facie found that Process Server in connivance with two witnesses and petitioners prepared documents outside Court in revenue proceedings - Bar u/s 195(1)(b)(ii) Cr.P.C not..........
