Criminal Procedure Code, 1973, Section 209 -- Remand by Magistrate to judicial custody after submission of charge sheet but before taking cognizance of offence in a Sessions case, is a valid remand, notwithstanding the fact that in the order sheet of concerned cases, there being no such order saying that `cognizance has been taken'...........
Court Fees Act, 1870, Section 7(iv)(c), Civil Procedure Code, 1908, Order 7, Rule 11 -- Court fee - Rejection of plaint - Since plaintiff-respondent were not seeking decree for declaration they were rightly held not liable to pay ad valorem court fee by Trial Court and order deserves to be upheld...........
Court Fees Act, 1870, Section 7(iv)(c), Civil Procedure Code, 1908, Order 7, Rule 11 -- Court fee - Rejection of plaint - Issue of court fee is primarily between plaintiff and State - Defendants have hardly any role to play - Trial Court was well within its jurisdiction to pass order and same deserves to be upheld...........
Court Fees Act, 1870, Section 7(iv)(c), Civil Procedure Code, 1908, Order 7, Rule 11, Constitution of India, 1950, Article 226 -- Court fee - Rejection of plaint - Defendants cannot be permitted for stalling progress of suit before Trial Court because they are not going to suffer any kind of prejudice due to alleged inadequacy of court fee paid by plaintiff - Although it..........
Criminal Procedure Code, 1973, Section 190, 197 -- Sanction for prosecution - Cognizance of offence - Police officer visited house of informant for arresting sons of informant for committing non cognizable offences - Inspite of due warnings by police officers, informant did not open the door - Police officers entered house of informant by applying force and arrested sons..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application to set aside ex parte decree filed after two years of service of notice in the execution petition - Application for setting aside ex parte decree is highly belated - Order dismissing application, upheld...........
Criminal Procedure Code, 1973, Section 145, 146 -- Attachment of property - Title of parties not clear - Three parties claiming title over it and attempting to take possession of disputed land - Courts below committed no error while attaching the property - No interference warranted - Petition for quashing attachment order dismissed...........
West Bengal Premises Tenancy Act, 1997, Section 7(3), Civil Procedure Code, 1908, Section 11 -- Eviction petition - Striking off defence - Res judicata - Earlier revisional application contained a ground challenging jurisdiction of Court and Court has not expressly granted relief sought for - Such relief shall be deemed to have been refused - Defendant having not proceeded..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Witness examined and cross examined - Order for recall and examination of witnesses cannot be granted on mere asking...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Notice whether received by accused or not is a disputed question of fact which has to be decided as per evidence to be adduced by the parties during course of trial...........
