Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Non-framing of issue - Lower Appellate Court not justified in setting aside the judgment of Court of first instance without setting aside findings recorded by it - Direction issued by Lower Appellate Court while remanding the matter to frame issue is also erroneous, as neither defendants being raised the question..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of anticipatory bail - Anticipatory bail granted in view of compromise between parties with condition that amount in dispute will be refunded by accused in form of two post dated cheques and if cheques got dishonoured, compromise stands automatically cancelled - Cheque in question dishonoured subsequently -..........
Criminal Procedure Code, 1973, Section 386(1) -- Appeal against conviction - While considering appeal against conviction appellate Court cannot partially remand case with simple direction to examine few witnesses and pass fresh order - Appellate Court can examine such witnesses by exercising power u/s 391 Cr.P.C. and decide appeal as per law - Impugned order of appellate..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 494, 498A, 406, 420, 120B -- Anticipatory bail - Bigamy - Husband performed second marriage during subsistence of first marriage - There are no criminal antecedents against husband except present case - High Court not justified in dismissing application of husband only on the basis of petition..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Grant of bail subject to deposit of Rs.50 lakhs in Court in view of causing heavy financial losses to the government - An amount of Rs.Ten lakhs already deposited in terms of an interim order passed by High Court - Appellant in custody for more than four years - Condition of depositing amount of Rs.50 lakhs is onerous -..........
Partition Act, 1893, Section 4, Civil Procedure Code, 1908, Section 100 -- Partition suit - Suit property jointly owned and possessed by parties - Defendant no.1 made attempt to prove on record that after collapse of house, he constructed new house, but defendant`s witnesses admitted that house was reconstructed during lifetime of their father on expenses borne jointly by..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 307 -- Framing of charge - Charge u/s 307 IPC - No material available on record to frame charge u/s 307 IPC - Court below while framing charge against accused merely acted as post office, who accepted charge-sheet u/s 173 Cr.P.C. verbatim without making any effort to ascertain whether prima facie..........
Criminal Procedure Code, 1973, Section 190, Indian Penal Code, 1860, Section 418, 420, 465, 120B, Prevention of Corruption Act, 1988, Section 19, 34 -- Cognizance of offence in installments - Cheating - Several accused were in the case and some of whom were not public servants - Court proceeded to take cognizance of offences against some of accused in installments, who are..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Once the First Appellate Court formed an opinion to remand the case, it was required to give reasons in support of remand order - There was no need to discuss the matter on merits...........
Civil Procedure Code, 1908, Order 43, Rule 1(u) -- Appeal against remand order - High Court had no jurisdiction to decide the appeal on merits while deciding the appeal U.O.43.R.1(u) CPC, as it gives limited power to High Court to examine the issue relating to legality of remand order...........
