Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Quashing of FIR - Dishonour of cheque - Petitioner was declared proclaimed offender, thus FIR u/s 174-A IPC was registered - Petitioner could not appear as notice was not served at the given address, hence, no, appearance of petitioner held,..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Lower Appellate Court decided appeal with consent of counsel of parties in terms of Commissioner's report and map - At this stage, it cannot be said that plaintiff had not given any consent to decide the appeal - Even otherwise, neither plaintiff had filed any complaint against his counsel nor taken any action..........
Civil Procedure Code, 1908, Section 2(9) -- Judgment - For an order to be judgment, it is not necessary that it should put an end to controversy or terminate suit - An `interlocutory order' determining rights of parties in one way or the other is also a `judgment'...........
Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleadment of respondent as plaintiff no.3 as assignee - Suit for specific performance - Application filed after 27 years of filing of suit - No explanation offered for such inordinate delay - High Court was not right in holding that mere transfer/assignment of agreement will be sufficient to grant leave to respondent to..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Suit filed by respondent Nos. 2 & 3 claiming the plot in question as their Bhumidhars - Judgments of both the trial Court and revisional Court have been passed without basing their conclusions on any issue - Trial Court upon finding that notice was complete and the defendant was missing should have first ordered for..........
Criminal Procedure Code, 1973, Section 173 -- Reinvestigation by transfer of Investigating Agency - Earlier FIR closed by police on the ground that dispute was civil in nature - De facto complainant filed a protest petition against closure report - Pending such protest petition DGP transferred investigation for reinvestigation to CBCID - However, leave of Court not..........
Criminal Procedure Code, 1973, Section 362 -- Review or alteration of order - Court can alter or review order only to correct clerical or arithmetical error - Order altered on the basis of letter given by police and it was not the case of police that there was a clerical or arithmetical error in the earlier order - Impugned order set aside...........
Criminal Procedure Code, 1973, Section 216, Indian Penal Code, 1860, Section 302, 376A, 392, 201 -- Non-framing of additional charge u/s 302 IPC - Charge already framed u/ss 376-A, 392, 201 IPC - Ingredients and sentences prescribed under both the offences i.e S.302 and S.376-A IPC are different and S.302 IPC is not a minor offence to S.376-A IPC - Order passed declining..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Conditional order - Non compliance of the condition - Defendant has no right to cross examine either the plaintiff or any witness examined on his behalf or advance arguments...........
Criminal Procedure Code, 1973, Section 190, 202(1) -- Cognizance of offence - Non-compliance of S.202(1) Cr.P.C. - Accused resident of place which is beyond the area in which Magistrate was exercising his jurisdiction - Compliance of S.202(1) Cr.P.C was mandatory before issuance of process against accused - However, Magistrate issued process immediately after taking..........
