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Civil Procedure Code, 1908, Section 151 -- Restoration of suit dismissed as withdrawn on account of oral compromise between the parties - Withdrawal of suit without permission to file on the same cause of action may be by mistake or the wrong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..........
Indian Penal Code, 1860, Section 494, 109, 114, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Bigamy - If first legal subsisting marriage is not proved in competent court of law than no offence U/S.494 IPC is committed by second wife - Held, no criminal proceedings can be initiated as first marriage is not proved - Complaint qua summoning order..........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration of appeal dismissed in default - Petitioner failed to appear before Appellate Court as learned counsel for petitioner had mistakenly noted wrong date - Held, for the fault of counsel or mere technicalities, the substantive relief should not be declined specifically when the petitioner has taken measures for..........
Criminal Procedure Code, 1973, Section 156(3) -- Directions for investigation - Validity - Ingredients of offences u/ss 406 or 420 IPC do not seem to exist in complaint petition - CJM directed police for investigation of case without assigning any reason in impugned order - Held, even for ordering an investigation u/s.156 (3) Cr.P.C. there has to be application of mind by..........
Criminal Procedure Code, 1973, Section 156(3) -- Directions for investigation - Exercise of power by Magistrate - Held, Magistrate before invoking power u/s 156(3) Cr.P.C. directing police to investigate any matter against any person must properly apply its mind which can be indicated by reasons given in order, howsoever, brief it may be while issuing such a direction -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining dispossession from the suit premises - Concept of "settled possession" cannot be equated with "legal possession" in all matters - Rejection of prayer for injunction on footing that possession can be granted only to the person who has a legal right to occupy premises and that plaintiff..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Can be allowed only when evidence sought to be produced could not be produced at the stage of trial inspite of exercise of due diligence and that evidence could not be produced as it was not within his knowledge - In instant case, appellants (public authority) has sought to produce a..........
National Investigation Agency Act, 2008, Section 21, Criminal Procedure Code, 1973, Section 439 -- Appeal against order of Special Court passed under the Act refusing or granting bail - Held, it lies only to a bench of two Judges of High Court...........
