Criminal Procedure Code, 1973, Section 127 -- Maintenance - Recalling of order - Power of Court - Order passed by Court can be recalled, if there is error of law resulting in miscarriage of justice to parties...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - At appellate stage - Permissibility - Evidence relating to subsequent happening or events which are relevant for disposal of appeal is permissible - But is not open to any party at the stage of appeal to make fresh allegations and call upon other side to admit or deny the same - Hence, additional..........
Criminal Procedure Code, 1973, Section 82, 83 -- Issuance of process u/s 83 Cr.P.C. - Quashing of order - Petitioner while challenging impugned order already joined trial and is released on anticipatory bail - Purpose of proceedings u/ss 82, 83 Cr.P.C. is to initiate proceeding qua accused for joining investigation - Since said purpose is already met, impugned order for..........
Criminal Procedure Code, 1973, Section 156(3) -- Investigation - Direction to police to investigate and file charge sheet - Order by which Magistrate directed police to file charge sheet is beyond his jurisdiction - Registration of FIR and filing charge sheet are two different things - Registration of FIR does not ipso facto mean that in all circumstances police has to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 41, Rule 1(r) -- Appeal - Ex parte injunction order - Provisional, temporary or interim order rendered U.O.39.Rr.1, 2 CPC is appealable U.O.41.R.1(r) CPC - However, aggrieved person can also recall such ex parte interim injunction order...........
Civil Procedure Code, 1908, Section 115, Order 39, Rule 1, 2 -- Ex parte injunction order - Order is appealable U.O.41.R.1(r) CPC - Revision against same is not maintainable, as remedy of revision u/s 115 CPC is available against orders against which statutory appeal is not provided...........
Civil Procedure Code, 1908, Order 13, Rule 3, 4, 5, 6, 7 -- Admissibility of document - Insufficiency of stamp duty on document tendered in evidence - Objection has to be raised before it is marked as an exhibit and if same has been admitted in evidence because of no, taking of any objection, it is not open either to trial court or court of appeal or revision to go behind..........
Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 13, Rule 3, 4, 5, 6, 7, East Punjab Urban Rent Restriction Act, 1949, Section 16, 17 -- Admissibility of document - Petitioner has raised objections to proof and admissibility of documents - Rent Controller should have proceeded to pass appropriate order on objections raised by counsel for..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 21, Rule 96 -- Eviction petition - Warrant of possession issued for execution of order - It is not disputed that first instalment was deposited which is 3 days after execution application is filed - Even, in order to avoid ejectment and to comply with terms of compromise, tenant..........
Criminal Procedure Code, 1973, Section 97 -- Search warrant - Two conditions are sine qua non prior to passing of an order u/s 97 Cr.P.C. viz: (i) person in connection with whom request for search warrant is made, should be shown to be in wrongful and illegal confinement and; (ii) prima facie satisfaction of Magistrate that concerned person is in wrongful confinement...........
