Criminal Procedure Code, 1973, Section 482 -- Order taking cognizance - Revision against - Dismissal - Second judicial review by High Court in exercise of inherent powers - Revisional Court did not commit any illegally or irregularity in exercise of its jurisdiction - Impugned order is just order which has not resulted in miscarriage of justice - Petition dismissed...........
Civil Procedure Code, 1908, Order 37, Rule 2 -- Summons - Summons were ordered to be issued for respondent - Purpose contained in order was issuance of summons as required u/O.37.R.2 CPC subject to filing of process fee, copies of plain and documents - Admittedly, respondents were not served afresh in compliance with order - Held, that in veiw of interest of both parties,..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 419, 420, 467, 468, 471, 120B -- Anticipatory bail - Cheating - Allegations against applicant serious in nature which are weighty - Investigating agency, in order to complete the investigation, required custodial presence and availability of accused - Merely because applicant is 65 years old lady,..........
Civil Procedure Code, 1908, Section 11, Order 12, Rule 6 -- Judgment on admission - Res judicata - Suit for possession - First appellate Court in his earlier judgment while remanding the matter to trial Court held that Delhi Rent Control (DRC) Act not applicable to suit premises - Defendant did not challenge the said judgment and it became final and binding on defendant -..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Eviction order - Extension of time to vacate - Defendant/tenant not assailing the judgment on merits, as he only wanted six months time to vacate the suit premises - However, when the defendant does not want to pay mesne profits as per the impugned judgment passed on merits, accordingly, there is no scope for..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Agreement to sell - Restraint order sought restraining defendant from alienating to property to others - No privity of contract between plaintiff and real owner of suit property - Real owner of suit property cannot be restrained from transferring its property...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Auction sale - Objections - Respondents/objectors not in possession of suit property prior to passing of decree - Predecessor of respondents was party to sale certificate which respondents never challenged - Suit was duly contested by original defendants for a long period of 30 years - It cannot be said that..........
Civil Procedure Code, 1908, Order 11, Rule 21 -- Dismissal of suit U.O.11.R.21 CPC - Provision is directory and not mandatory - Dismissal of suit is to be only as a last resort when conduct of a party is either in wilful breach or contumacious - While considering whether conduct is wilful attempt to disregard order of Court resulting the trial of suit being arrested, the..........
Criminal Procedure Code, 1973, Section 156(3), 190(1)(a), Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19 -- Power of Magistrate - Course of action - Where sanction u/s 19 of P.C. Act or S.197 Cr.P.C. is required for taking cognizance of offences, it is not possible for Court to take cognizance of offence by applying its mind u/s..........
Criminal Procedure Code, 1973, Section 190(1)(a) -- Cognizance of offence - Corruption case - Summoning order - Petitioner challenged the summoning order on the ground that Court below was not authorized or empowered by law to take cognizance of offences in absence of a quick verification or preliminary inquiry - However, it may be possible for petitioner at this stage to..........
