Civil Procedure Code, 1908, Section 115, Order 26, Rule 10 -- Local commissioner - Order declining to appoint - Revision thereagainst, held, not maintainable...........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Competent authority - In the instant case, sanction was accorded only by President and Secretary has signed sanction order only as communicating authority - Therefore, there is no defect in sanction order...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 372 -- Proviso, 378(4) - Dishonour of cheque - Acquittal of accused - Order of acquittal cannot be challenged by way of an appeal u/s 372 Proviso Cr.P.C. before Sessions Court - Remedy of complainant is to file an appeal to High Court with Special Leave u/s 378(4) of the Code...........
Civil Procedure Code, 1908, Order 14, Rule 3 -- Non-framing of an issue - Issue as to no, joining of necessary parties - Suit for declaration with consequential relief of possession and injunction, dismissed without framing said issue - No opportunity was afforded to plaintiffs to move an application for impleading necessary parties - Order remanding back to trial Court..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Second appeal - Suit for partition - Court has discretion to implead any person at any stage for effective adjudication of suit - Court is competent to exercise this discretion even at second appellate stage to permit joinder of necessary parties to the suit - Once this permission is granted, order..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Order to treat it as complaint - Incident happened inside house - Everything relating to fact within knowledge of applicant - Every evidence relating to it within control of applicant - There is nothing new which can be exposed after investigation - No illegality or impropriety in the..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Maintainability - When Supreme Court tested eligibility of petitioners to maintain a review, it is not open to respondents, after being a party to the order of Supreme Court, to question the maintainability of review...........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleadings - It is only the `material facts' and not the details thereof which are required to be pleaded in order to comply with the mandate of O.6.R.2 CPC...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit - Counsel for plaintiff not present - Counsel for defendant present - Plaintiff did not adduce any evidence and claim of plaintiff not admitted by defendants - In such a situation suit can only be dismissed by invoking O.9.R.8 CPC - Plaintiff thus can seek restoration of suit U.O.9.R.9 CPC - Court in such a..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Validity and competency of sanctioning authority - Can be determined only during course of trial by way of examining/cross-examining of witnesses and by exhibiting of relevant documents - Before conducting trial, adjudication of same found to be premature - No interference warranted in order granting..........
