Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 341, 404, 147, 148, 149 -- Bail - Murder case - Accused in custody for more than 6 years - High Court while rejecting bail application directed trial Court to conclude trial within a period of 6 months - In spite of said order of High Court no progress has been attained in the case - Other..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 304II, 34 -- Framing of charges u/ss 304-II, 34 IPC - Deceased given beatings by accused which resulted in his death - However, autopsy report and FSL report of deceased shows that there was no external or internal injury on the person of deceased - In fact cause of death shown in said reports is..........
Criminal Procedure Code, 1973, Section 70(2) -- Issuance of no, bailable warrant - Court at the first instance cannot issue non bailable warrant - When cognizance is taken by Court, either summons are issued at the first instance or bailable warrant and if accused is not responding to the same, then, Court may resort to issuing non bailable warrant - Order of trial Court..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 384, 392, 469, 511 -- Sanction for prosecution - Offence u/ss 384, 392, 469, 511 IPC - Nothing on record that alleged act was committed by accused while discharging his official duty - Protection u/s 197 Cr.P.C. therefore, not available to him - Revisional Court committed error while setting aside..........
Criminal Procedure Code, 1973, Section 482 -- Inherent jurisdiction - To exercise inherent jurisdiction three circumstances must be fulfilled:- (i) to give effect to order under Cr.P.C.; (ii) to prevent abuse of process of Court and (iii) to otherwise secure ends of justice - In the instant case, application u/s 482 Cr.P.C. cannot be converted into mini trial as it does..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of complaint and summoning order - Complaint by muslim wife against husband - In the instant case, husband gave talaq to his wife by uttering words talaq, talaq, talaq and thereafter wife filed complaint against husband on..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession - Courts below concurrently decreed the plaintiff's suit by recording all the findings of fact against defendant - Said findings were neither against the pleadings nor evidence and nor against any provisions of law - Question which was formulated by High Court did not involve any question of law..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Second appeal decided on the assumption that suit is for grant of permanent injunction simpliciter - However, reading of the plaint as a whole shows that issue of title is not wholly foreign to the controversy and is relevant while considering the grant of permanent injunction -..........
Civil Procedure Code, 1908, Section 115(3)(as -- Revision - Irreparable loss - Mere inconvenience to a party by not consolidating the suit, would not fall within the ambit of irreparable loss - Revisional Court over looked the restriction placed upon it u/s 115(3) CPC by interfering the order rejecting consolidation of suits by Trial Court - Impugned order of allowing..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Impermissibility - Under review jurisdiction Court has plenary power to correct any apparent error or mistake in respect of order passed by it - Rehearing of matter on merits and reappreciation of arguments raised by parties in original order is impermissible - Moreover, litigants cannot invoke review jurisdiction as..........
