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..........
Criminal Procedure Code, 1973, Section 451 -- Custody of vehicle - Grant of - Accused broke open lock and took away Transit Mixer from custody of complainant - Accused registered owner of Transit Mixer and paying tax on it - Complainant company failed to furnish document to establish that Transit Mixer was in its lawful custody - Complainant company not registered owner of..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution of decree - Suit for declaration and permanent injunction - Compromise decree - Execution petition filed by decree holder U.O.21.R.32 alleging that judgment debtor willfully disobeyed terms of compromise and Court orders - No specific averments made to show violation of compromise decree - Held, mere filing of two..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - At the instance of defendant - Court has jurisdiction to grant an interim order of injunction, at the instance of defendant, without a counter claim sought for in the written statement...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary Injunction - Restraining alienation - Order can be communicated by Civil Court to Sub Registrar concerned in exercise of inherent powers...........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Ground of res judicata - Suit for declaration of title and perpetual injunction - Defendant sought rejection of plaint on ground of res judicata as the question of title to suit property was decided in an earlier suit - Apart from res judicata not being a ground for rejection of plaint even..........
Criminal Procedure Code, 1973, Section 401 -- Revision - Maintainability - Petitioner has lost his son for alleged incident of murder - He is real victim - Held, when a victim has right to prefer an appeal against order of conviction with lesser punishment or acquittal, then why a victim like petitioner should not be allowed to prefer revision petition against order..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Permissibility - Held, in order to avoid multiplicity of litigation, it is always better to allow amendment of pleadings so long as such amendment does not alter nature or character of suit or introduce any new cause of action between parties - Even if such amendment is sought to be introduced at a..........
Criminal Procedure Code, 1973, Section 173 -- Reinvestigation - Magistrate cannot order reinvestigation - Order of reinvestigation modified into order of further investigation...........
Criminal Procedure Code, 1973, Section 228, 397(1), 482 -- Framing of charge - Challenge to - Held, order framing charge is revisable u/s.397(1) Cr.P.C. - Correctness, legality or propriety of order framing charge cannot be challenged in proceedings u/s.482 Cr.P.C...........
