Criminal Procedure Code, 1973, Section 202 -- Summoning order - Quashing - Participation of Magistrate was absolutely nil during inquiry - No questions were put to witnesses - Evidence was recorded in a mechanical fashion - Magistrate did not wait for the result of enquiry by the police which he himself had ordered - Magistrate should have realised that the prospective..........
Foreign Exchange Regulation Act, 1973, Section 56, 61, 62, Criminal Procedure Code, 1973, Section 407, 439 - - Offence under the Act - Held, not exclusively triable by Magistrate of 1st class - Transfer of case to special Judge not illegal - It does not have effect of taking away right of appeal - Appeal from order of Special Judge can be preferred to High Court...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Implementation - Police protection - When there is threat of breach, disobedience or violation of order of injunction, Court can grant police protection - Party complaining violation of ad interim injunction may file not only an execution petition U.O.21.R.32 CPC or an application..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issues on merits of the matter, which may arise between the parties cannot be within the realm of Court at the stage of passing order U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Temporary Injunction - Violation - Order of status quo regarding existing position of suit property - Placing of stack of dung cakes, which is movable property and installation of fodder cutting machine - Held, not violative of status quo order...........
Criminal Procedure Code, 1973, Section 190, 200 -- Cognizance of offence u/ss 304(Part II) read with S.149 IPC taken at the instance of Addl. Sessions Judge - Held, Addl. Sessions Judge should not have indicated the provisions under which the offence was to be considered - Rather he should have remanded the matter back to the Court below for reconsideration of the same in..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte decree - Setting aside - Substituted service - Order of substituted service without recoding necessary satisfaction that defendants were getting out of the way for the purpose of avoiding service or that for any other reason, summons could not be served in the ordinary..........
Criminal Procedure Code, 1973, Section 438, 482 -- Inherent powers - Exercise of - Petitioner sought to expunge word `absconder' from charge-sheet - He was charged u/ss 381, 411 IPC for stealing away some valuable articles from godown of informant - Petitioner was under protective umbrella of S.438 by getting anticipatory bail - Non-communication of order granting bail to..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of order - Offence u/ss. 419, 468, 471 & 34 IPC - Order taking cognizance - Advocate-petitioner obtained bail order for an accused from Sessions Court and bail bond was presented before Magistrate - Surety impersonated himself in bail bond which was accepted and accused was released - No allegations that petitioner had..........
Civil Procedure Code, 1908, Section 151 -- Restoration of suit dismissed as withdrawn on account of oral compromise between the parties - Withdrawal of suit without permission to file on the same cause of action may be by mistake or the wrong advice of counsel - Held, when situation is such, then Court is not powerless to order restoration specifically when no prejudice..........
