Criminal Procedure Code, 1973, Section 83, Indian Penal Code, 1860, Section 120B, 174A, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Proclamation - Offence u/ss 120-B, 174-A IPC and Ss.13(1)(d), 13(2) of P.C. Act - Petitioners failed to appear before trial Court despite issuance of no, bailable warrants - No cogent document emerged on record to infer that..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11, Civil Procedure Code, 1908, Order 43, Rule 1(a) -- Rejection of plaint - Court can reject plaint by exercising its inherent jurisdiction and order is appealable by virtue of O.43.R.1(a) of the Code...........
Civil Procedure Code, 1908, Section 100, Order 22, Rule 3 -- Second appeal - Maintainability - Order allowing application U.O.22.R.3 CPC, is not decree, as there is no adjudication of rights of parties on merit - Second appeal against such order is not maintainable...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Land acquisition proceedings - Neither Trial Court refused to receive the evidence nor it can be said that evidence sought to be adduced was not available despite the exercise of due diligence - Evidence not necessary to pronounce the judgment - Additional evidence cannot be permitted to fill the lacuna..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Document sought to be produced by way of additional evidence not in knowledge of plaintiffs and came to their notice subsequently - Application filed by plaintiffs cannot be said to be filed with malafide intention - However, no reason mentioned by trial Court as to how document in question not relevant for..........
Criminal Procedure Code, 1973, Section 482, 468(b) -- Order taking cognizance - Quashing of order - Offence in question is punishable with one year imprisonment - Cognizance of offence taken after a period of more than three years - Order taking cognizance as well as entire proceedings qua petitioner quashed...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Non-framing of substantial question of law - Partition suit - Held, having regard to nature of controversy and issues involved regarding ownership based on interpretation of documents, questions did constitute substantial questions of law - High Court unfortunately did not examine any document for deciding..........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal from prosecution - Duty has also been fastened on Court to check abuse or misuse by executive of provisions of S.321 of Cr.P.C. - Court is thus obligated to record a finding that application moved by P.P. is in interest of justice and there is no abuse or misuse of authority of P.P. or Government - When Court..........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 561A, Jammu and Kashmir Prevention of Corruption Act, 2006, Section 5(1)(d), 5(2), 6, Jammu and Kashmir State Land (Vesting of Ownership to the Occupants) Act, 2001, Section 17 -- Sanction for prosecution - Challenge on grounds as falsely implicated and non application of mind - Objection can be raised at threshold..........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 561A, Jammu and Kashmir Prevention of Corruption Act, 2006, Section 5(1)(d), 5(2), 6, Jammu and Kashmir State Land (Vesting of Ownership to the Occupants) Act, 2001, Section 17 -- Sanction for prosecution - Distinction between lack of sanction and invalidity of sanction order - Prosecution is required to prove and..........
