Criminal Procedure Code, 1973, Section 200, 201, 202, 203, 204 -- Complaint - Summoning order - Recall - After issuance of summons, an application by an accused u/s 203 Cr.P.C. for recall of summoning order is impermissible because by then S.203 is already over and Magistrate has proceeded further to Section 204 stage...........
Industrial Disputes Act, 1947, Section 25F,25G,33C -- West Bengal Industrial Disputes Rules, Rule 77A - Civil Procedure Code, 1908, Section 11, Explanation V - Retrenchment - Interference by the Industrial Tribunal with the retrenchment of the appellant-workman not only on the ground of non-compliance of the provisions of Section 25(F) (b) of the Act but also on the ground..........
Criminal Procedure Code, 1973, Section 228, 240 -- Mentioning of wrong section in charge - Accused not handicapped from meeting the case against him or otherwise suffered any prejudice - Trial and conviction cannot be set aside...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court while exercising power under Section 100 CPC would not undertake the task of re-appreciation of evidence and record findings different than those recorded by the Appellate Court merely because another view is a possible view...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Inherent power under Section 482 Cr.P.C. can be invoked only in cases where on the face of the complaint or the papers accompanying the same no offence is made out for proceeding with the trial...........
Criminal Procedure Code, 1973, Section 482 -- If the allegations set out in the complaint do not constitute the offence of which cognizance has been taken by the Magistrate, it is open to the High Court to quash the same in exercise of the inherent powers under Section 482 of the Code...........
Criminal Procedure Code, 1973, Section 249, Railways Property (Unlawful Possession) Act, 1966, Section 3 -- Offence under Section 3 of the Act is non-compoundable and non-cognizable - Provision of Section 249 of the Code is applicable in case of a complaint filed under Section 3 of the Act...........
Civil Procedure Code, 1908, Section 2(11), Order 21, Rule 32 -- Legal representatives - Decree - Intermeddles of Property - Whether falls within the definition of Legal Representative - Yes - Compromise Decree on the basis of written Compromise - Challenge there of - Objectors not claiming or professing to represent estate of deceased judgment-debtors - Cannot be held as..........
Criminal Procedure Code, 1973, Section 215, 464 -- Charge - Error in framing charge - Accused tried for commission of murder - Wrong section mentioned in charge - It does not cause any prejudice as accused knew that he was being charged for committing murder - Trial not vitiated...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Section 5 of the Limitation Act is applicable to an application filed U.O.9.R.13 CPC...........
