Criminal Procedure Code, 1973, Section 439, 441 -- Bail - Surety conditions - Court should examine socio economic conditions of a prisoner while fixing surety conditions - Such conditions should not be fixed which cannot be satisfied by prisoner on account of his destitute circumstances or conditions of want or deprivation faced by him - Onerous or arbitrary conditions..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of investigation commissioner - Right of pre-emption - Pre-emptor in the case has simply to prove that he was an adjacent owner - Such proof could easily be accomplished on the basis of respective title deeds, mouza map, record of right, land plan annexed to deeds etc. - Local features of the plots would hardly be..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - No case of prosecution that any of condition so stipulated while granting bail has been violated or there has been infraction of any of conditions so imposed - In the absence of there being a strong prima facie case on the conditions of bail having been violated, it would not be appropriate for said..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle involved in NDPS case - Petitioner is the registered owner of vehicle and is not one of co-accused - Trial Court while dismissing the application has missed said vital aspect - Impugned order set aside - Matter remanded for fresh decision...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Recovery suit for money - Cause shown by defendant having been found to be sufficient - Ex parte decree rightly set aside...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Deposition of PW1 is not sufficient enough to invoke extra-ordinary jurisdiction u/s 319 Cr.P.C to summon appellants, particularly when there are no other witnesses who have deposed against appellants - There is no documentary evidence that prosecution had collected against appellants - Even,..........
Civil Procedure Code, 1908, Section 9, Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956, Section 37 -- Jurisdiction of Civil Court - Bar u/s 37 of 1956 Act - Civil Court is prohibited from entertaining any suit to vary or set aside any decision or order of Consolidation Court passed under the Act in respect of the matter for which proceedings could..........
Civil Procedure Code, 1908, Section 9, Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956, Section 37 -- Jurisdiction of Civil Court - Bar u/s 37 of 1956 Act - In the instant case, plaintiff has not instituted any suit either to vary or set aside any decision or order passed by the Consolidation Court under the Consolidation Act - Plaintiff had..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court cannot look into the defence set up by defendant in their written statement or application while deciding application U.O.7.R.11 CPC...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - At the time of examining the prayer for quashing of criminal proceedings, Court exercising extra-ordinary jurisdiction can neither undertake to conduct a mini trial nor enter into appreciation of evidence of a particular case - Correctness or otherwise of allegations made in the complaint cannot be..........
