Civil Procedure Code, 1908, Order 22, Rule 3, 9 -- Abatement of appeal - Non-substitution of LRs - Death of sole plaintiff - Application for substitution of LRs of deceased plaintiff filed belatedly on account of ill-advice of counsel - Liberal approach has to be adopted by trial Court while considering application - However, Court rejected application by adopting hyper..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficiency of Court fee - Recovery suit - Deficiency to the tune of Rs.40 was pointed out for which an opportunity was required to be given to plaintiff for making good the same, before rejecting plaint - Moreover, impugned order passed in the absence of plaintiff for which he pleaded that his no,..........
Criminal Procedure Code, 1973, Section 190, 210 -- Cognizance of offence - Private complaint - Offence under SC/ST case - I.O u/s 173 Cr.P.C. submitted its closure report in the fate of further investigation, as offence being not made out against accused - Magistrate without pronouncing any order thereon nor upon objections reared by complainant, rather proceeded to take..........
Criminal Procedure Code, 1973, Section 227, Central Excise Rules, 1944, Rule 56A -- Discharge - Evasion of duty - Omission of procedural rule for availing credit - Cannot affect the charge as it applies to future action and not to continuing action - Prosecution cannot be deprived of opportunity to prove offence of evasion - Order quashing charge merely on ground of R.56-A..........
Criminal Procedure Code, 1973, Section 202(2) -- Complaint - Complainant not bound to examine all witnesses named in complaint and he is at liberty to examine any of them and decline the rest by filing a memo - Provision is mandatory only when witnesses whose statements are recorded u/s 200 Cr.P.C. and S.202 Cr.P.C will be permitted to be examined before Court of Session..........
Criminal Procedure Code, 1973, Section 173 -- Protest petition/private complaint - Once protest petition/private complaint taken on record by taking Sworn Statements of PW1 to PW3, Magistrate should have proceeded to consider matter on merits and disposed of same after examining witnesses by issuing summons to accused - Magistrate, however, taken a route of S.468 Cr.P.C..........
Criminal Procedure Code, 1973, Section 468, 473, 173 -- Bar u/s 468 Cr.P.C. - Belated protest petition/private complaint - No notice admittedly sent to de facto complainant, at the time of referring matter by sending referring report to Magistrate - Only on insistence of de facto complainant that too pursuant to direction given by this Court, such a notice has been given..........
Unlawful Activities (Prevention) Act, 1967, Section 17, 18, 21, 40, Criminal Procedure Code, 1973, Section 57 -- Police custody remand - Grant of extension by Magistrate - Order of extension set aside by Revisional Court - Offence u/ss 17, 18, 21 40 of the Act - Magistrate has not considered grounds for claiming PCR on its own - Even, Magistrate failed to record cursory..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex-parte decree - Setting aside - Summons not served - Publication of notice in newspaper - Defendant on account of militancy shifted from Srinagar to Jammu - In these circumstances, even if he had some vague knowledge that summons were sent to his address at Srinagar, it cannot..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Effect of - Parties are restored to the position existing prior to the date the order proceeding against defendant ex parte was passed...........
