Civil Procedure Code, 1908, Section 100 -- Transfer of Property Act, 1882, Section 52 - Second appeal - Scope - Finding of fact - Sale deed executed after the institution of the suit had been set aside on the ground of lis pendence - These are pure finding of fact which would not warrant interference in exercise of jurisdiction u/S.100 of the Code...........
Criminal Procedure Code, 1973, Section 482 -- Inherent jurisdiction - The law laid down by the Apex Court in some of the cases covering the inherent jurisdiction of the High Court under Section 482 of the Code culled out...........
Civil Procedure Code, 1908, Section 4, 100A -- Motor Vehicles Act, 1988, Section 173 - Letters Patent Appeal - Maintainability - Whether the Letters Patent Appeal is maintainable against the judgment and order passed by the learned Single Judge in appeal u/S.173 of the Motor Vehicles Act, 1988, against the award rendered by the Motor Accident Claims Tribunal? - Held, no -..........
Civil Procedure Code, 1908, Section 24 -- Hindu Marriage Act, 1955, Section 9 - Transfer of case - Matrimonial proceedings - Convenience of wife should be preferred unless there are special reasons not to do so...........
Criminal Procedure Code, 1973, Section 202, 203, 256 -- Complaint in summons case - Complaint can be dismissed - (i) On receipt of a complaint for an offence, without recording the statement of the complainant or his witnesses, if the Judicial Magistrate comes to the conclusion that the contents of the complaint itself do not disclose any offence or provide a sufficient..........
Civil Procedure Code, 1908, Section 105, 115, Order 41, Rule 1A -- Interlocutory order - Revision - Argument that order closing evidence of plaintiff by trial Court had attained finality and is not appealable repelled - Held that the nature of the order would be covered by the sweep of Section 105 and order 43 Rule 1A CPC - It cannot be concluded that the order is not..........
Criminal Procedure Code, 1973, Section 151 -- Arrest of a person to prevent commission of a cognizable offence - Police Officer can arrest a person without an order from Magistrate and without warrant if the officer comes to know of a design of that person to commit any cognizable offence - Arrest should be made only if it appears to such police officer that commission of..........
Criminal Procedure Code, 1973, Section 397(2) -- Revision - Summoning order - An order summoning an accused is not an interlocutory order - Bar created by Section 397(2) would not operate...........
Criminal Procedure Code, 1973, Section 195(1)(b)(ii), 340 -- Offences relating to documents given in evidence - Forged will tendered in evidence - Will forged firstly and thereafter produced in Court - Bar of Section 195(1)(b)(ii) Cr.P.C. will apply when document was forged while same was in custody of Court - Will was forged before producing in Court - Bar of Section..........
Criminal Procedure Code, 1973, Section 195, 340 -- Forged will tendered in evidence - Court is not bound to make a complaint regarding commission of offence referred in Section 195(1)(b) - Where voluminous evidence may have been adduced and the effect of forged piece of evidence on board concept of administration of Justice may be minimal, Court may not lodge a complaint..........
