Criminal Procedure Code, 1973, Section 362, 482 -- Inherent jurisdiction - In case, the matter is finally disposed of by Court, the said Court becomes functus officio and such cannot be altered except to correct a clerical or an arithmetical error - No Court can alter or review its judgment or final order after signing the same...........
Criminal Procedure Code, 1973, Section 362, 482 -- Inherent jurisdiction - Expunging remarks against petitioner in Judgment - Application has not been moved to correct any clerical or arithmetic error but for expunging the remarks made against the petitioner - Order has been upheld by Hon'ble Apex Court - However, keeping in view the conduct of petitioner during that..........
Criminal Procedure Code, 1973, Section 438, Negotiable Instruments Act, 1881, Section 138 -- Anticipatory bail - Dishonour of cheque - Proclaimed offender - Determination - Petitioner has already given undertaking that he would submit to the process of law and would furnish bail bonds to the satisfaction of trial Court - Direction given to petitioner to appear before trial..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - An interim order cannot be treated to be basis of suit because interim orders do not adjudicate rights of parties, they are merely passed to protect the bona fide litigant for the period, adjudication of his rights are made by Court...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Husband getting salary to the tune of Rs.17,564/- p.m. - Maintenance of Rs.4,000/- p.m. granted to wife by Family Court - High Court without indicating any reason reduced the maintenance to Rs.2000/- p.m. after retirement of husband - Husband had taken voluntarily retirement after order of maintenance was passed,..........
Criminal Procedure Code, 1973, Section 256(1) -- Complaint u/s 138 of N.I. Act - Dismissal for no, appearance of complainant - Magistrate dismissed the complaint without applying his judicial mind as he has not recorded any reason not to adjourn hearing of case to some other date - Nor he mentioned that he was acquitting the accused, who was present before him or that no,..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Payable from date of application is only when Court so specifies in the order - When order is silent then maintenance is payable from the date of order - No reasons are required to be recorded when maintenance is ordered to be paid from date of application...........
Indian Penal Code, 1860, Section 304B, 302, Criminal Procedure Code, 1973, Section 217 -- Framing of additional charge - Additional charge u/s 302 IPC cannot be framed mechanically in a case u/s 304-B IPC - In a case where charge alleging dowry death is framed, a charge u/s 302 IPC can be framed if evidence otherwise permits - Order framing charge mechanically set aside -..........
Criminal Procedure Code, 1973, Section 196, Indian Penal Code, 1860, Section 295A -- Sanction for prosecution - Offence u/s 295A IPC - Sanction u/s 196 Cr.P.C. is mandatory and no Court has authority to take cognizance except with previous sanction of State Government - Order taking cognizance of offence u/s 295A IPC, without obtaining prior sanction improper and quashed...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Charge sheet not filed even after expiry of 180 days - Application seeking extension of time for filing final report filed one day earlier to expiry of 180 days but extension granted by order passed after one day of expiry of 180 - Extension..........
