Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Suit for partition - Impleadment sought on the basis of Will executed in favour of applicant - Order allowing application, upheld...........
Criminal Procedure Code, 1973, Section 256, 378(4), 482 -- Complaint - Summon case - Dismissal for want of prosecution - Remedy against dismissal - Held, remedy is to file leave to appeal and appeal u/s.378(4) Cr.P.C. - Petition u/s.482 Cr.P.C. for quashing of dismissal order or restoration of complaint not maintainable...........
Criminal Procedure Code, 1973, Section 407, 482 -- Transfer of sessions trial without hearing victim - Re-call of order - Victim is an aggrieved person not only in crime, but also in investigation, enquiry, trial, appeal, revision, review and also proceedings by which inherent powers of Court u/s.482 are invoked - Held, transfer of sessions trial without hearing victim is..........
Civil Procedure Code, 1908, Order 16, Rule 10 -- Summons to witnesses - Non appearance - Bailable warrants issued - Order to be taken to its logical conclusion which implies that such witnesses should be coerced to appear before trial Court - Held, once bailable warrants are issued to witnesses, evidence of petitioner cannot be closed by order as he was not to take..........
Criminal Procedure Code, 1973, Section 239 -- Discharge of accused - Corruption case - While passing order of discharge, only submissions of counsel of both parties referred to - Neither evidence of case has been referred nor discussion nor any cogent reason assigned for discharging accused - Held, order discharging accused not proper - Matter remitted back to trial Court..........
Civil Procedure Code, 1908, Section 114, 60 -- Review of order holding that gratuity payable to legal representative of deceased employee is liable for attachment - In view of the authoritative pronouncement of Supreme Court, even gratuity payable to legal representatives of deceased is not liable for attachment - Review petition allowed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Allegations in the complaint have to be accepted on the face of it and the truth or falsity cannot be entered into at this stage...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Power to quash proceedings at initial stage has to be exercised sparingly, with circumspection and in rarest of rare cases...........
Criminal Procedure Code, 1973, Section 319, 401 -- Summoning of additional accused - Rejection - Validity - Respondents No.2 and 3 sought to be summoned as additional accused alleged to have committed theft of money belonging to complainant along with main accused - Complaint and deposition of complainant reveals that respondents No.2 & 3 along with main accused have..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Procedure to be followed - Held, in order to proceed u/s 319 Cr.P.C. for impleading person not being accused, on basis of evidence appears against him, State is required to record its finding showing material for impleading person u/s.319 Cr.P.C. - In case of impleading a person as accused,..........
