Criminal Procedure Code, 1973, Section 438 -- Legality of the proposed arrest cannot be gone into in an application under section 438 of the Code...........
Criminal Procedure Code, 1973, Section 195(1)(b) -- Bar contained in Section 195(1)(b)(ii) Cr.P.C. is not applicable to a case where forgery of the document was committed before the document was produced in a Court...........
Criminal Procedure Code, 1973, Section 320, 482 -- Non compoundable offence - High Court can quash proceedings in exercise of power u/s 482 Cr.P.C. as Section 320 Cr.P.C. does not limit or affect the powers u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 319 -- Indian Penal Code, 1860, Sections 307 and 504 - Summoning of additional accused - Accused named in F.I.R. but not charge sheeted, could be summoned - The term 'Evidence' as used in Section 319 Cr.P.C. does not mean 'Evidence' complete by cross-examination and court can take action under Section 319 Cr.P.C. even on the statement..........
Civil Procedure Code, 1908, Section 100(4)(5) -- Second appeal - Procedure of hearing - Indicating substantial question of Law - Mandatory - High Court proceeded as if deciding first appeal - Mandatory requirements of sub-section (4), (5) of S.100 violated - Impugned judgment liable to be interfered with...........
Civil Procedure Code, 1908, Section 129, 122, Order 8, Rule 1 -- Written statement - Period 90 days from service - Has no application on the High Court while exercising original side jurisdiction - Rules framed by High Court and protected under S.129 as regards proceedings on original side need not be consistent with provisions of Code - Section 97 of Amending Act of 2002..........
Criminal Procedure Code, 1973, Section 482 -- Order passed by High Court under section 482 Cr.P.C. - High Court cannot review the order...........
Civil Procedure Code, 1908, Section 10, 151 -- Provision of section 10 not applicable - Jurisdiction under section 151 cannot be exercised by bye-passing the provision of section 10 CPC - Where Code deals expressly with a particular matter, the provision should normally be regarded as exhaustive...........
Criminal Procedure Code, 1973, Section 438, 439 -- Bail - The distinction between an order in terms of Section 438 and that in terms of Section 439 is that the latter is passed after arrest whereas former is passed in anticipation of arrest and becomes effective at the very moment of arrest...........
Civil Procedure Code, 1908, Section 146, Order 22, Rule 10 -- Transfer of Property Act, 1882, Section 52 - Lis pendens - Impleadment - Transferee - Held that bringing on a lis pendens transferee on record is not as of right but in the discretion of the court...........
