Criminal Procedure Code, 1973, Section 482, 4 -- Quashing of order - Offence u/ss 304, 307 & 34 IPC & Ss.3 & 4 of Explosive Act - Order taking cognizance - Prosecution report lodged for commission of offence u/s 72 C(1)(a) of Mines Act on account of contravention of provision of Mines Act as accident took place in which informant got injury and his brother lost his life -..........
Criminal Procedure Code, 1973, Section 82, 83, 84 -- Absconding person - Attachment of property - Procedure for - Held, after issuance of proclamation u/s.82 Cr.P.C., Court can proceed to attach property of accused u/s.83 Cr.P.C. - S.84 Cr.P.C. makes it clear that objections to the effect that property does not belong to accused can also be raised within six months after..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - By way of amendment plaintiffs wanted to mention the land as 49 Kanals 4 Marlas instead of 24 Kanals out of which they are claiming to be in exclusive possession of 24 Kanals of land - Held, amendment is only for correction of typographical error i.e. figures - Otherwise also, it will not change the..........
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..........
