Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment at appellate stage - Relinquishing share of defendant No.5 in the suit - Held, relinquishment of a share can be sought even at the appellate stage - With the amendment there will be no change in the nature of relief claimed nor the nature of suit will be changed - Only relief against defendant No.5 has been..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Earlier bail application dismissed by Sessions Judge as "not pressed" - Second bail application u/s 438 is not entertainable by Session Court - Held, impugned order accepting second bail application set aside as not in consonance with law...........
Civil Procedure Code, 1908, Order 41, Rule 23, Hindu Marriage Act, 1955, Section 13(1)(ib) -- Appellate Court - Failure to consider relevant material - Effect - Principal Judge failed to discuss evidence of wife including her cross-examination before holding that she had left matrimonial home without reasonable cause - Held, decision making process of appellate Court..........
Criminal Procedure Code, 1973, Section 195, 482, Indian Penal Code, 1860, Section 180, 188, 417, 421 -- Quashing of FIR - Prosecution u/ss 180, 188, 417, 421 and 422 IPC - Held, in view of specific bar u/s 195 Cr.P.C. petitioner cannot be prosecuted, except by complaint in writing filed by public servant - Therefore, lodging of FIR is misuse and abuse of process of law -..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 156(3) -- Sanction for prosecution u/s 19 of Prevention of Corruption Act - Once it is noticed that there was no previous sanction, Magistrate cannot order investigation against a public servant while invoking powers u/s 156(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 471, 420 -- Compounding of offence - Bank loan taken on forged documents - Amount repaid in pursuance to order of Debt Recovery Tribunal - It cannot be said that there is a compromise between the offender and the victim - Held, it is not a ground to quash criminal proceedings...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Injunction decree - Violation of decree - Once decree is violated it requires to be enforced - Decree can be enforced by : (i) Detention of J.D. in civil imprisonment; (ii) attachment and sale of property of J.D. and civil imprisonment; (iii) Court can issue directions to J.D. to remove the obstructions - Court can enforce a..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10, Family Courts Act, 1984, Section 7 - - Impleadment of a party - Petition filed by wife against husband in Family Court for partition and separate possession - Daughter seeking impleadment by claiming that gift deed has been executed in her favour by her mother - Held, since dispute is between husband and wife as..........
Criminal Procedure Code, 1973, Section 482 -- Complaint filed by appellant, alleging that he had been kidnapped, illegally detained, terrorized and threatened by respondents - Investigation concluded and respondents charge-sheeted only for offences u/ss 323 and 343 of IPC - Application for pleading guilty filed by respondents - Trial Court proceeded in great haste and..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397, 401 -- Dishonour of cheque - Summoning order - Revision against - Revisionist personally did not have legally enforceable debt or liability towards complainant/opposite party No.2 - Facts of complaint do not disclose ingredients of offence u/s.138 of N.I. Act against revisionist -..........
