Criminal Procedure Code, 1973, Section 2(d), 397 -- Dismissal of complaint - Merely on the ground that complainant has not been able to furnish correct address of accused, is one passed without jurisdiction and amounts to an order of finality - Said order is revisable in terms of S.397 Cr.P.C...........
Criminal Procedure Code, 1973, Section 256, 317 -- Non-appearance of complainant - Earlier both parties did not appear - But accused filed application u/s 317 Cr.P.C. and same was allowed - For continuation of proceedings, trial Court directed complainant to appear for the purpose of cross-examination - However, complainant failed to appear before Trial Court - Dismissal..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376(d), 323, 452 -- Quashing of order - Order summoning accused - Gang Rape - No material on record that accused committed rape upon prosecutrix - Except from bald assertions of prosecutrix that all accused raped her, there was nothing which could led the Courts to form a opinion that it is a fit..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree set aside after condoning delay of 3690 days - Suit for declaration that marriage between parties is null and void and petitioner was not the father of child/respondent No.2 - Guardian ad litem not appointed by Court - Mother represented minor and has appeared, contested and filed objection on her behalf and..........
Criminal Procedure Code, 1973, Section 438, Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Since petitioner did not appear thereafter offence u/s 174-A IPC was registered against him - Issuance on no, bailable warrants - Anticipatory bail - Looking to nature of prosecution against petitioner u/s 138 of NI Act,..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Civil imprisonment - In order to seek detention of J.D. in imprisonment, decree holder is required to plead and prove its case in terms of provisions contained U.O.21.R.37 read with S.51 CPC...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of expert witness for cross examination - Court itself found it necessary to cross examine the expert witness with a view to arrive at a just conclusion for doing complete and substantial justice between the parties - Court is well within its jurisdiction to pass the order allowing recall of expert witness for cross..........
Civil Procedure Code, 1908, Order 41, Rule 5, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Stay of injunction order - Ad interim injunction order was passed against subsequent purchaser/applicant, as defendant/vendor sold the agreed property to him - It is evident that applicant would be parting with right, title and possession of a part of suit property by creating..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Question whether there has been an abandonment of claim by withdrawal of suit is a mixed question of law and fact - Language of order for withdrawal is not always determinative - Background facts necessarily have to be examined for a proper and just decision...........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance - Enhancement - Maintenance enhanced by Revisional Court - Order implies that enhanced maintenance is payable from the date of order passed by Judicial Magistrate on the application for enhancement of maintenance...........
