Indian Penal Code, 1860, Section 504, 506, 353, Criminal Procedure Code, 1973, Section 482 -- Quashing of summoning order - Accused alleged to have abused public servant and threatened him with dire consequences - FIR and documents revealed that offences u/s.504, 506 prima facie made out against accused - However, accused allegedly did not assault or use criminal force..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Defendant sought to produce notification of State of Punjab by which Municipal limits of Mahilpur has been extended and also requested to examine Halqa Patwari in order to prove that demised premises come within municipal limits - Document sought to be produced is not coming from the..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 419, 420, 465, 467, 468, 120B -- Additional accused - Cheating and forgery - Allegation that fake sale deeds were got registered by accused in connivance with one another - Neither any specific role in execution of sale deeds in question has been attributed to petitioners nor they were present at..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20, Civil Procedure Code, 1908, Order 37, Rule 2 -- Summary suit - Substituted service - If there is failure on part of plaintiff to serve the defendant in the normal way, only then question of substituted service arise - Service through publication has itself caused miscarriage of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Subsequent event - Having no impact on the relief claimed by plaintiff - If each and every subsequent event is permitted to be incorporated by permitting amendment then it will become endless litigation - Dismissal of application - Order upheld...........
Criminal Procedure Code, 1973, Section 133, 138, 482 -- Removal of nuisance - Quashing of proceedings - District Magistrate gave certain guidelines to prevent causation of pollution from industrial units and abate nuisance to general public - Said order not satisfying essential requirements of final order u/s.138 Cr.P.C. - Held, District Magistrate is thus bound to proceed..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Non deciding of application filed U.O.41.R.27 CPC - Impugned order set aside - Appellate authority to decide appeal along with application U.O.41.R.27 CPC...........
Criminal Procedure Code, 1973, Section 389 -- Powers of appellate Court u/s.389 - Scope - Held, it has power to suspend not only execution of sentence but also operation of order of conviction without taking aid of High Court's inherent power u/s.482...........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3 -- Withdrawal of suit - Recall of order - Court can invoke its inherent powers u/s 151 CPC and can set aside the order permitting withdrawal of suit if it is proved that the party had not given any instructions to his counsel to withdraw the suit or that there was no such settlement out of Court and that the party..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - A case when comes U.O.12.R.6 CPC, Court has still discretion to pass order under the said provision, if Court feels that on certain issue trial is required even though other side has a weak case on merit...........
