Criminal Procedure Code, 1973, Section 362, 439(2) -- Review - Order of cancellation of bail - Grant of bail to co-accused would not ipso facto entitle petitioner to the same - Petitioner was incarcerated for about 6 months - This cannot be taken as incarceration for a significant period of time - Petitioner can file a fresh bail application and same shall be considered on..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - High Court ought to have considered the materials collected during investigation before taking a call on the prayer for quashing of FIR, cognizance order and the proceedings pursuance thereof...........
Civil Procedure Code, 1908, Order 7, Rule 11(b) -- Rejection of plaint - Valuation and payment of Court fee - Trial Court while rejecting plaint does not specifically set down the correct value of relief in the plaint on which plaintiff was required to pay Court fee, nor does it specify the quantum of Court fee payable on such value - Court in a vague manner directed the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 386(b)(iii) -- Dishonour of cheque - Appeal against conviction - In an appeal from conviction, appellate court may reverse the finding and sentence and acquit or discharge the accused or order him to be re-tried by a Court of competent jurisdiction subordinate to such appellate Court or..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Conditional leave to defend - Order of trial Court granting conditional leave was never called in question by either of parties - Said plea cannot be entertained by High Court while adjudicating appeal filed against impugned judgment of decreeing suit...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appellate authority is required to consider and decide the application U.O.41.R.27 CPC either while passing the main judgment or by virtue of a separate order of even date at the time of deciding the appeal - Since the same is not done, impugned order set aside - Matter remanded back..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - An order cannot be made the subject of an appeal under the garb of a review...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - While reviewing an order, Court or tribunal must be satisfied that there was an error apparent in its previous order, which warrants the exercise of its power to review...........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - Directions issued; (i) Husband is entitled to raise the plea of adultery committed by wife in proceedings pertaining to adjudication of interim maintenance and expense of proceedings so as to plead that such prayer by wife be dismissed; (ii) Since the proceedings undertaken u/s 125 of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining Sub-Registrar from accepting documents pertaining to suit properties for registration till disposal of suit - Suit for declaration that Wills, release deed and Partition deeds are null and void - There are number of unanswered questions and suspicious maneuvering, the odds are clearly..........
