Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Power u/s 391 Cr.P.C is akin to power U.O.41.R.27 CPC and such power is to be exercised sparingly in a suitable case and additional evidence cannot be tendered as a matter of right at the appellate stage...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit filed through power of attorney - Suit whether maintainable in terms of law and whether power of attorney holder has a locus standi to prefer the suit - Cannot be decided in an application filed U.O.7.R.11 CPC...........
Criminal Procedure Code, 1973, Section 102 -- Freezing of bank account - Investigating agency have power u/s 102 Cr.P.C to seize the bank accounts, an action which falls within the scope of term seizure of "property" as used in said Section...........
Criminal Procedure Code, 1973, Section 438, 82 -- Anticipatory bail - Proclaimed offender - Provisions of S.82 Cr.P.C do not create an embargo on the power of High Court to grant anticipatory bail to a proclaimed person...........
Criminal Procedure Code, 1973, Section 438, 82 -- Anticipatory bail - Proclaimed offender - Petitioner has shown sufficient cause for her absence from the Court - Moreover, provision of S.82 Cr.P.C do not create an embargo on the power of High Court to grant anticipatory bail to a proclaimed person - Anticipatory bail granted to petitioner...........
Succession Act, 1925, Section 372, 388(2), 384 -- Succession certificate - Dismissal of application - Appeal against - Dismissal of application by Civil Judgment (Senior Division) invested with the power to exercise function of a District Judge, which is inferior Court, would lie to District Judge and not to the High Court...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - While exercising power u/s 482 Cr.P.C, High Court was legally bound to see if allegations/accusations constitute any offence or not...........
Criminal Procedure Code, 1973, Section 91 -- Summoning of documents - Necessity and desirability of invocation of power u/s 91 Cr.P.C would have to be judged commensurate with the stage or point of time it is exercised...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Trial Court has inherent discretion to invoke the power U.O.26.R.9 at any stage during pendency of trial, either before commencement of evidence or even thereafter...........
Criminal Procedure Code, 1973, Section 209, 321 -- Offence exclusively triable by Court of Session - Once it appears to Magistrate that offence is exclusively triable by Court of Session, then other than for considering matters relating to bail and remand as provided u/s 209 (a) to (d) Cr.P.C., Magistrate has no implicit power to entertain any other matter, including an..........
