Civil Procedure Code, 1908, Section 100(5) -- Substantial question of law - High Court decided appeal without formulating 'substantial question of law' - Contention that in view of proviso to sub-section (5), permissible to decide second appeal on different substantial questions of law, without formulating substantial question of law - Contention without merit - Proviso..........
Criminal Procedure Code, 1973, Section 407 -- Transfer of Murder Trial - Murdered persons parents of practising Advocate - Transfer of Trial sought on alleged pressure of members of Bar on Presiding Officer - No resolution by Bar, nor any pressure exerted on presiding officer - Mere apprehension that members of Bar are likely to exert pressure upon Presiding Officer in..........
Criminal Procedure Code, 1973, Section 256, 320, Indian Penal Code, 1860, Section 500 -- Defamation - Criminal complainant - Death of complainant - Plea of the appellant with reference to Section 256 Cr.P.C. to dismiss the complaint - Legal heirs of the complainant propose to continue the complaint - Held that if permission is sought for by the legal heirs of the deceased..........
Criminal Procedure Code, 1973, Section 482 -- Inherent jurisdiction - Exercise by High Court - High Court direction to State to take advice of State Public Prosecutor as to under what section Appellant is to be charged and tried or directing the CB, CID to take up the matter and reinvestigate and prosecute the Appellant - Held, such a power does not come within purview of..........
Civil Procedure Code, 1908, Section 99 -- Irregularity - Non joinder of parties or mis joinder of parties as well as mis joinder of causes of action - These are irregularities in the proceedings in a suit - However, even in such cases Section 99 itself makes an exception in the matter of non joinder of parties - Though it is an irregularity, it can still prejudicially..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35, 54, 15 -- Criminal Procedure Code, 1973, Section 313 - Search and seizure -Conscious possession - Presumption - Recovery of 23 bags of poppy husk from a truck and the appellant was on the steering of the truck - Two persons were allegedly sitting on the bags, one ran away from the spot after seeing the..........
Prevention of Corruption Act, 1988, Section 17, Criminal Procedure Code, 1973, Section 43 -- S.17 of Prevention of Corruption Act does not debar a private person from exercising the powers conferred on him under Section 43 of the Cr.P.C...........
Civil Procedure Code, 1908, Section 13 -- Exception (d) and (e) - Constitution of India. Article 226 - Habeas corpus - Custody of children - Foreign judgment - Fraud - Principles of natural justice - Respondent wife came to India with her two children from Malaysia - Judgment for custody of his children from Malaysian Court obtained by petitioner by not disclosing the true..........
Criminal Procedure Code, 1973, Section 133, 397(3), 482 -- Second revision - Power under Section 482 Cr.P.C. has to be exercised sparingly and such power not to be utilized as a substitute for second revision - Ordinarily, when a revision has been barred under Section 397(3) of the Code, the complainant or the accused cannot be allowed to take recourse to revision before..........
Criminal Procedure Code, 1973, Section 239, 240, 397 -- Framing of charge - Challenge as to - By filing revision - Examination of record by revisional Court as if it would determine the issue after leading evidence and in a trial - He has also weighed the correctness of the allegations made in the FIR and the statements under Section 161 Cr.P.C. to arrive at a conclusion..........
