Criminal Procedure Code, 1973, Section 397, 399, 401 -- Revision - High Court can call for the records of any criminal court and examine the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceeding of such inferior Court - However, sub-section (2) of S.397 puts a restriction on exercise of such..........
Criminal Procedure Code, 1973, Section 319, 397, 401, 482 -- Order passed u/s 319 Cr.P.C. - Challenge thereto by way of revision or by way of a petition u/s 482 Cr.P.C. - Notice and opportunity of hearing - Held, notice and opportunity of hearing to the person in whose favour some right accrued by virtue or order passed by trial court has to be given...........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 378 -- Murder - Order of acquittal - Interference by superior court - Held, in exceptional cases where there are compelling circumstances to interfere and judgment under appeal is found to be perverse, appellate Court can interfere with order of acquittal - Appellate Court should bear in mind..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Failure to file - Order passed by trial Court refusing permission to take written statement on record on the ground that defendant was not diligent enough to fulfil his undertaking - Defendant allowed to submit written statement on payment of costs of Rs.10,000/- in the paramount interest of substantial..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Police aid - Can be granted when there is threat of breach, disobedience or violation of order of injunction/ad interim injunction - Once the order is breached or disobeyed, then party has to take recourse to O.39.R.2-A or U.O.21.R.32 CPC...........
Civil Procedure Code, 1908, Order 1, Rule 8A -- Suit for injunction and damages - Land allotment through Government orders - No Government order or other documents evidencing the so-called title of defendant placed on record - Plaintiffs claim title on the basis of land assignment whereas defendant claim on the basis of Government orders - Held, this is sufficient for the..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Inspection of land - Suit for perpetual injunction - Averment by plaintiffs that `cattle pen' (Aavadu Dhoddi) exists on suit land - Defendants contradicted said plea by filing counter affidavit - Held, appointment of Advocate Commissioner is necessary to note physical features with regard to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Due diligence - Suit for mandatory injunction seeking direction to defendants to settle accounts and make payment accordingly for work executed by plaintiff - It was always open to defendants to take preliminary objection on basis of cl.46.0 of tender in written statement - Defendants have..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Complaint - Enquiry - Petitioners reside beyond territorial jurisdiction of Magistrate - Complaint never posted for enquiry - Held, there has been an infraction of mandatory provision of sub-s.(1) of S.202 Cr.P.C. - Such infraction vitiates order taking..........
Criminal Procedure Code, 1973, Section 223, 477 -- Criminal Rules of practice in Kerala, R.16 - - Application for splitting of case - Rejection of - Validity - Passage of four years since filing of charge-sheet - Charge could not be framed - Summons could not be served on accused who was in foreign country - Process of his extradition was lengthy process - Rejection of..........
