Criminal Procedure Code, 1973, Section 111, 107 -- Order u/s 111 Cr.P.C. - Law does not contemplate any preliminary enquiry u/s 111 Cr.P.C. to find out truth of information - Question of finding out truth of information will come only during course of enquiry u/s 116 Cr.P.C...........
Criminal Procedure Code, 1973 -- Show cause order - Order u/s 111 Cr.P.C merely mandates Executive Magistrate to give substance of information that had led to form an opinion to initiate proceedings u/s 107 Cr.P.C. - Said provision does not contemplate that Magistrate should record his opinion or give reasons for initiating proceedings, as S.107 r/w S.111 Cr.P.C. is not..........
Criminal Procedure Code, 1973 -- Show cause order - Judicial Review - Order u/s 111 Cr.P.C is only an interlocutory order, as it does not determine rights of parties - It is not a final order, thus, not revisable u/s 397 Cr.P.C. - Judicial review of order passed u/s 111 Cr.P.C is also very limited and can be subjected to review u/s 482 Cr.P.C. and Art.226 of Constitution,..........
Civil Procedure Code, 1908, Order 9, Rule 4, 6 -- Ex parte proceedings - Setting aside - Brother contesting the suit - No explanation as to how petitioner remained oblivious of the proceedings despite the fact that her brother was contesting the same - Application filed only to delay the proceedings - Order allowing petitioner to join the proceedings at the stage at which..........
Criminal Procedure Code, 1973, Section 319 -- Power u/s 319 Cr.P.C. - Power is discretionary and it should be exercised in order to achieve criminal justice...........
Letter Patent Appeal -- Maintainability - Matrimonial Dispute - Application before Single Judge of High Court that respondent filed affidavits which were containing incorrect affirmation and prayed for initiation of proceedings u/S.340 of Cr.P.C. r/w S.195(1)(b)(i) of Cr.P.C. which stands dismissed - Held, that LPA against order of Single Judge of High Court is not..........
Civil Procedure Code, 1908, Section 100A -- No further appeal in certain cases - Letter Patent Appeal - No letters patent appeal was to lie from original or appellate decree or decree of Single Judge were any writ, order or direction issued u/Art.226/227 of Constitution - Legislature in its wisdom preferred to save both types of pending letters patent appeal which were..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Divorce proceedings - Appellate Court without entering into merits of adjudication by Trial Court merely remanded proceedings so as to give one opportunity to respondent to contest the proceedings - Unless conditions stipulated U.O.41.R.23-A CPC are satisfied, order of remand cannot be passed - Impugned order of..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Appellate Court has to first go into merits of adjudication by trial Court and only on being satisfied that decree is liable to be reversed and fresh trial is considered necessary that order of remand can be passed...........
Civil Procedure Code, 1908, Section 151 -- Closure of evidence by order - Witness summoned - Witness gave a note on the summon that concerned record is not available with him and is available with the other office - In such circumstances, Court ought to have given at least one opportunity to summon record from concerned office instead of closing the evidence by order...........
