Criminal Procedure Code, 1973, Section 311 -- Closure of prosecution evidence by order - Non presence of witness despite service - Trial Court dismissed application u/s 311 Cr.P.C. - Revisional Court allowed application by holding that it was duty of trial Court to secure presence of witness, who had been served but not appeared, through coercive method and thus trial..........
Criminal Procedure Code, 1973, Section 397 -- Revision - Order passed by revisional Court does not amount to review of order of trial Court - Revisional Court is competent to call for and examine the record of any proceeding before any inferior criminal Court for the purpose of satisfying itself about the correctness, legality or propriety of any order...........
Criminal Procedure Code, 1973, Section 340, 195(1)(b)(i) -- Perjury - Prosecution of perjury should be sanctioned by Courts only on those cases where perjury is deliberate and conscious to achieve some questionable purpose - Every incorrect or false statement does not make it incumbent on the Court to order prosecution...........
Civil Procedure Code, 1908, Section 115 -- Revision - Against an order relating to adequacy of Court fee paid by plaintiff - Not maintainable, as the object of Court fee Act is to collect revenue for the benefit of State and it cannot be used by defendant to obstruct the progress of suit...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Application U.O.9.R.7 CPC can be entertained only if hearing is adjourned - Such an application cannot be entertained after conclusion of arguments and when only judgment remains to be pronounced...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 366, 376, 342 -- Summoning of additional accused - Revision filed against order summoning additional accused - In the mean time accused acquitted as prosecution case not proved - This order became final as no appeal filed thereagainst - Impugned order of summoning of additional accused quashed...........
Indian Penal Code, 1860, Section 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence u/s 120-B IPC - Illegal gratification for purpose of exchange of land - There is no evidence on record to show that petitioner has meeting with the Collector who passed the order or that present petitioner approached Collector to secure order in his favour..........
Criminal Procedure Code, 1973, Section 156(3), 401 -- Application u/s 156(3) Cr.P.C. - Accused has no right to be heard by Magistrate - However, accused has right to be heard when revision is filed against order dismissing application u/s 156(3) Cr.P.C. - Impugned order passed by revisional Court without giving an opportunity of hearing to accused set aside - Matter..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from causing obstruction and interference in the enjoyment of property under contract - Contract in question already cancelled and as such there was no question of preventing defendants from committing any breach of contract - Moreover, nowhere in pleadings or application any..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from causing obstruction and interference in the enjoyment of property under contract - Subject contract already terminated and yet without seeking any interim stay upon effect and operation of order of cancellation of contract or any restoration of status quo ante, a prayer..........
