Criminal Procedure Code, 1973, Section 357, Indian Penal Code, 1860, Section 302 -- Compensation - Defective investigation - Murder case - Accused suffered agony of facing criminal prosecution for a period of 20 years for committing the murder of a man who was later on found alive - I.O after knowing the said fact investigated the case from 1996 to 2006 and has shown utter..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons - Mere filing of memo of appearance which is valid only for one date, service on defendant cannot be assumed...........
Criminal Procedure Code, 1973, Section 209 -- Committal of case - Magistrate playing a passive role u/s 209 Cr.P.C., in committing case to Court of Session - Nor can there be any question of part cognizance being taken by Magistrate and part cognizance being taken by Session Judge - Since Court of Session is acting as Court of original jurisdiction u/s 193 Cr.P.C., after..........
Criminal Procedure Code, 1973, Section 190, 193 -- Cognizance of offence - Can only be taken once - In the event, Magistrate takes cognizance of offence and then commits the case to Court of Session, question of taking fresh cognizance of offence and thereafter proceeding to issue summons, is not in accordance with law...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 326 -- Dishonour of cheque - Summary trial or summons trial - Evidence of witnesses recorded in verbatim and not merely substance of evidence - De novo trial by successor Magistrate not required - Successor Magistrate will recommence proceedings from the stage where it was stopped by..........
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..........
Criminal Procedure Code, 1973, Section 204 -- Issuance of process - Magistrate while taking cognizance and issuing summons is required to carefully scrutinize whether allegations made in complaint meet the basic ingredients of offence; whether the concept of territorial jurisdiction is satisfied; and further whether accused is really required to be summoned - This has to..........
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..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - No material available to the satisfaction of Court to arrive at conclusion that defendant is keeping out of the way for the purpose of avoiding service or that for any other reason summons cannot be served in ordinary way - Application for substituted service, dismissed...........
Hindu Marriage Act, 1955, Section 19, 13, Civil Procedure Code, 1908, Section 24, Order 18, Rule 3, 4 -- Transfer of case - Matrimonial matters - Directions issued: (i) that in matrimonial or custody matters or in proceedings between parties to a marriage or arising out of disputes between parties to a marriage, wherever defendants/respondents are located outside the..........
