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..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Only legally married wife is entitled to claim maintenance - Marriage with a man having a living spouse - Marriage is a nullity - Such a wife is not entitled to maintenance u/s 125 Cr.P.C. - Wife not informed about husbands' earlier marriage when she married him is of no avail as rule of estoppel is not applicable..........
Criminal Procedure Code, 1973, Section 473, 468, Indian Penal Code, 1860, Section 498A, 406 -- Offence u/s 498-A, 406 IPC - Limitation - Delayed complaints - Court to construe liberally Section 473 Cr.P.C. in favour of wife who is subjected to cruelty, if on the facts and in the circumstances of the case it is necessary so to do in the interests of justice - When conduct..........
Indian Penal Code, 1860, Section 304B, 304 PartI -- Criminal Procedure Code, 1973, Section 464 - Dowry death - Death did not occur within 7 years of marriage - Offence under Section 304-B not made out - Offence Under Section 304 Part I is made out...........
Criminal Procedure Code, 1973, Section 204, 482 -- Complaint - Cognizance taken - Same cannot be faulted on the ground that Magistrate had not referred the matter to police for investigation under Section 156(3) of Cr.P.C...........
Criminal Procedure Code, 1973, Section 267, 2(h) -- Permission sought to remove accused from judicial custody to policy custody for completion of investigation in another case - Police can seek permission - For this purpose production warrant u/s 267 Cr.P.C. can be issued - Expression 'other proceeding' used in Section 267(1) and 'for the purpose of any proceedings'..........
