Criminal Procedure Code, 1973, Section 468, 473, 173 -- Bar u/s 468 Cr.P.C. - Belated protest petition/private complaint - No notice admittedly sent to de facto complainant, at the time of referring matter by sending referring report to Magistrate - Only on insistence of de facto complainant that too pursuant to direction given by this Court, such a notice has been given..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex-parte decree - Setting aside - Summons not served - Publication of notice in newspaper - Defendant on account of militancy shifted from Srinagar to Jammu - In these circumstances, even if he had some vague knowledge that summons were sent to his address at Srinagar, it cannot..........
Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 181(4), 201 -- Criminal breach of trust - Misappropriate of Stridhan property - Territorial jurisdiction - Entrustment of stridhan property at place `J' - No averment that it was to be returned at place `J' - No averment in legal notice sent that stridhan articles were to be returned at place `J'..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Bar to fresh suit - Earlier suit was withdrawn on account of developments which were beyond the control of plaintiff - Cause of action to file the present suit arose in favour of plaintiff after service of notice - Held, suit is not barred U.O.23 CPC...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier suit for possession dismissed as plaintiffs were not able to prove the termination of tenancy before filing the said suit - Although plaintiffs asserted that notice had been sent but service of notice on tenant was not proved - Subsequent suit for possession is not barred on account of res judicata...........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 42(1) -- Anticipatory bail - 12 Kg Ganja - FIR was registered on secret information and pursuant thereto, a police party raided house of petitioner - At time when search was to be made, DSP was contacted on his office phone, who reached at spot and notice was..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Defendant wants to amend written statement after pronouncement of judgment that he has come to know that father of plaintiff has executed registered Will - Cross-examination of plaintiff states that defendant had made suggestion to plaintiff that Will has been executed by his father, meaning..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20, 25 -- Ex parte decree - Setting aside - Some of the defendants residing out of country - Procedure U.O.5.R.25 to be followed - Court committed serious illegality in ordering publication of notice in local newspaper - Ex parte decree set aside...........
Civil Procedure Code, 1908, Order 21, Rule 46A -- Notice to Garnishee - Violation of Court's order of attachment by Garnishee - Recovery suit - In pursuance of notice issued, garnishee has to appear before Court and has to obtain clarification of order for safeguarding its interest, as per O.21.R.46-A CPC - In the absence of such a procedure being adopted by garnishee,..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 7 -- Local Commissioner - Ascertainment of illegal construction raised by defendant - Record demonstrates that defendant raising construction as per bye laws and norms of Municipal Council - Moreover, Municipal Council has issued notice with respect to certain deviations - Existence of deviations on the spot is a..........
