Criminal Procedure Code, 1973, Section 195, 340 -- Perjury - When offences are subject to S.195 Cr.P.C., Court which has to forward the complaint in writing to take cognizance also has discretionary power not to order to file complaint u/s 340 Cr.P.C...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution - Power to stay execution of a decree vests in executing Court itself and is not dependent upon any order of stay being passed by a superior Court or by a Court before which an appeal may be pending...........
Civil Procedure Code, 1908, Order 32, Rule 1 -- Minor - A person who takes steps in a suit on behalf of a minor, automatically constitutes himself the next friend of minor - An order of Court, as in the case of a guardian ad litem for a minor defendant, is not necessary for that purpose - To be more precisely, a person filing suit as next friend of minor takes up..........
Criminal Procedure Code, 1973, Section 204(4), 397 -- Dismissal of complaint u/s 204(4) Cr.P.C. - Amounts to termination of criminal proceedings, which is final order and revisable u/s 397 Cr.P.C...........
Civil Procedure Code, 1908, Order 17, Rule 1 -- Adjournment - Sought on ground of illness - Grant of adjournment without proof of illness - Order granting adjournment, set aside...........
Criminal Procedure Code, 1973, Section 397, 401, 239 -- Revision - Locus standi - Order of discharge - Ordinarily, private party has no locus-standi to file revision, when State has not come forward in revision against an order of discharge, but when such order results in miscarriage of justice, private party or complainant in a case instituted on police report has right..........
Criminal Procedure Code, 1973, Section 397, 401, 239, Indian Penal Code, 1860, Section 353, 354 -- Revision - Order of discharge - Offence u/ss 353, 354 IPC - Victim/informant is aggrieved by impugned order of discharge of accused - Justice must appear to have been done - Victim should not be deprived of due hearing or her say - Impugned order of discharge set aside with..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Dismissal of application without taking evidence of parties - Impugned order set aside - Matter remitted for decision afresh in accordance with law...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Plea that summons not duly served - Court without taking evidence of parties holding that summons were duly served and dismissed application - Since it was a suit for specific performance, Court ought to have resorted to procedure of taking evidence to decide the application - Impugned order..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional written statement - No indication as to why defendant failed to disclose details in the original written statement - Order dismissing application, upheld...........
