Civil Procedure Code, 1908, Section 24 -- Transfer of suit in one Court - Suit property in all three suits common - Held, these must be heard and tried by one Court, though, separately, as parties are not common in all three suits - But in order to avoid conflicting judgments, all three judgments in these three suits must be passed on one date...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - There is no rule that a compromise decree should be an executable one or that it could not be one dismissing suit - When there is a compromise between parties, what is required is that Court has to order such agreement, compromise or satisfaction to be recorded and pass a decree in accordance therewith so..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Grant of - Exercise of power - Held, power to grant sanction is to be exercised strictly keeping in mind public interest and protection available to accused against whom sanction is sought - Order of sanction should make it evident that authority had..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197, Delhi Special Police Establishment Act, 1946, Section 6 -- Sanction for prosecution - Validity - Held, CBI Manual based on provisions of Cr.P.C. is best authority to decide validity of sanction order...........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Validity of sanctioning order can be challenged only at time of trial - It cannot be examined during stage of inquiry or at pre-trial stage...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Cognizance of offence - Territorial jurisdiction - Transaction between parties took place at Punjab and notice issued from Jodhpur - Except issuance of notice of demand from Jodhpur, no other part of cause of action occurred at Jodhpur..........
Indian Penal Code, 1860, Section 420, 34, Criminal Procedure Code, 1973, Section 482, 190, 173 - - Cheating - Quashing of proceedings - Statement of complainant that money was entrusted to first accused and not to second accused - Second accused was living separately as she was divorced wife of first accused - Held, second accused played no role in commission of offence -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Order finally deciding temporary injunction application - Such order is not an interlocutory order - Against such order appeal/revision is maintainable...........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Though substituted service is a sufficient service in ordinary circumstances, but before that court must be careful to see that conditions enumerated in O.5.R.20(1) have been strictly compiled with - Unless Court is satisfied that defendant is keeping out of the way for the purpose of avoiding service or..........
Criminal Procedure Code, 1973, Section 482 -- Recall of order quashing FIR - High court can recall the quashing order when accused abused the process of Court as inherent powers of Court can be invoked when special circumstances are made out...........
