Prevention of Corruption Act, 1988, Section 13(1)(d), 7, 13(2), Criminal Procedure Code, 1973, Section 306, 460 -- Corruption case - Grant of pardon to accused - Held, both Magistrate as well as Special Judge has concurrent jurisdiction in granting pardon u/s 306 Cr.P.C. while investigation is going on - But, where Magistrate has exercised his jurisdiction u/s 306 Cr.P.C.,..........
Civil Procedure Code, 1908, Order 16, Rule 19 -- Summons to witnesses - Court has vast powers to allow a party to summon witnesses in order to effectively adjudicate upon the case, notwithstanding the fact that witnesses are not residing within jurisdiction of court...........
Immoral Traffic (Prevention) Act, 1956, Section 13, 14, Criminal Procedure Code, 1973, Section 482 -- Offence punishable under provisions of 1956 Act - Quashing of final report and order taking cognizance - Held, only Special Officer appointed by or on behalf of Government for dealing with offences under the Act of 1956 in specified area has power to investigate - In..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to major daughter - Obligation of father to maintain a daughter until her marriage is recognized u/ss.20 & 21 of Hindu Adoptions and Maintenance Act and said legal right cannot be enforced by daughter in present petition - Being a major she could not have maintained a petition against her father u/s 125 Cr.P.C -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and minor son - Wife though highly qualified but there is no evidence that she is earning and same is not disproved by husband - Since husband has sufficient income to maintain his wife and minor son, order of Family court granting maintenance to the tune of Rs.15,000/- p.m. to wife and Rs.20,000/- to minor..........
Criminal Procedure Code, 1973, Section 73, 82, 83 -- Warrant of arrest and order of proclamation and attachment - Cannot be passed simultaneously...........
Criminal Procedure Code, 1973, Section 73, 82, 83 -- Issuance of warrant of arrest, proclamation and attachment : (i) No order of warrant of arrest can be passed without first coming to a prima facie conclusion on the basis of police report that accused person is evading arrest and to ensure his presence such order is needed to be passed; (ii) Issuance of proclamation..........
Civil Procedure Code, 1908, Section 105 -- Appeal against order of Court - It is not necessary to challenge the order refusing adjournment and could well be set out as a ground of objection in memorandum of appeal - Word used `may' means that even if ground is not set out, Appellate court is not powerless to find out if there is an error, irregularity or defect in such..........
Civil Procedure Code, 1908, Section 152, Order 1, Rule 10 -- Transposition of defendant as plaintiff after decretal of suit - Not permissible - As per S.152 CPC only the clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from the accidental slip or omission can be corrected by Court either of its own motion or on the application of..........
Civil Procedure Code, 1908, Order 23, Rule 1(3)(b) -- Withdrawal of suit - Term `sufficient grounds' in O.23.R.1(3)(b) CPC needs to be liberally interpreted - Discretion given under provision needs to be used for ends of justice - When such discretion is used by giving reasons, Court exercising revisional power is not expected to interfere in order of trial Court...........
