Criminal Procedure Code, 1973, Section 156(3), 397 -- Application u/s 156(3) Cr.P.C. - Order allowing or dismissing application - Order is not interlocutory order - Revision against such order is not maintainable...........
Criminal Procedure Code, 1973, Section 397(2) -- Revision - Term `interlocutory order' in S.397(2) Cr.P.C., denotes orders of a purely interim or temporary nature which do not decide or touch the important rights or liabilities of parties...........
Criminal Procedure Code, 1973, Section 215, Indian Penal Code, 1860, Section 325 -- Omission to frame charge u/s 325 IPC - Not resulting in any failure of justice - Does not preclude Court from passing an order of conviction...........
Indian Penal Code, 1860, Section 409, 420, 467, 477A, Prevention of Corruption Act, 1988, Section 13(1)(c), (d) -- Criminal breach of trust by Public servant - Falsification of PPF accounts - In the instant case, there is no, reflection of bank transaction undertaken by accused in PPF withdrawal register - Evidence of PW establish that transaction covered under numerous..........
Indian Penal Code, 1860, Section 302, 307, Arms Act, 1959, Section 27 -- Murder - Long standing land dispute between parties - Accused due to said dispute in order to teach lesson to complainant party attacked them with deadly weapons - Evidence of PW7 an injured eye witness coupled with other independent witnesses supported prosecution case - Medical evidence corroborated..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - High Court while dismissing petition u/s 482 Cr.P.C., has no power to direct investigating agency not to arrest accused during investigation - Said direction amounts to an order u/s 438 Cr.P.C., albeit without satisfaction of conditions of said provision, which is legally unacceptable...........
Stamp Act, 1899, Section 47A -- Lease deed - Recovery of maintenance charges - Cannot be initiated u/s 47-A of the Act, as Art.35(c)(ii) Sch.1-B of U.P. Stamp Act does not mention any charge relating to maintenance of property in question - Impugned order of recovery of maintenance charges, held, beyond purview of S.47-A of the Act and are without jurisdiction, therefore,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3(a) -- Ex parte interim injunction - Non compliance of provision of O.39.R.3(a) CPC as directed - Second application filed and Court granted interim injunction for the second time - Held, second application is not maintainable unless and until plaintiff complied with the previous order - Impugned order set aside - However,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Appeal - Against an order granting ex parte interim injunction for the second time - Appeal is maintainable, particularly when ex parte interim injunction granted by Court entertaining second application itself is erroneous, as provision of O.39.R.3(a) CPC not complied...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - An order u/s 156(3) Cr.P.C. can be passed even in those cases which are exclusively triable by Court of Sessions...........
