Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Trial Court compared signatures on summons with signatures on application and held that signatures on summons was that of defendant - Held, when defendant filed affidavit in support of his application that he was not duly served with summons and that affidavit remained uncontroverted then..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance - Power of Magistrate - Magistrate has taken cognizance on the basis of facts brought to his notice by informant and, therefore, he has exercised power u/s.190(1)(b) of the Code - Held, order taking cognizance cannot be found fault with...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Grant of - Petitioners have already joined investigation - They are no longer required for further interrogation - There is no history of their previous involvement in any other criminal case - Since police has not submitted final police report, so, conclusion of trial..........
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Grant of - Petitioners have already joined investigation - They are no longer required for further interrogation - There is no history of their previous involvement in any other criminal case - Since police has not submitted final police report, so, conclusion of..........
Indian Penal Code, 1860, Section 336, 160, Arms Act, 1959, Section 25, 27, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Grant of - Name of petitioner No.2 is not mentioned in FIR - He was subsequently involved in present case - No specific role or overt act is attributed to him - There is no history of his previous involvement in any other criminal..........
Indian Penal Code, 1860, Section 366, 376, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Grant of - Petitioner has already joined investigation - He is no longer required for further interrogation - There is no history of his previous involvement in any other criminal case - Since police has not submitted final police report, so, conclusion of trial..........
Criminal Procedure Code, 1973, Section 482, 397 -- Charge - Not an interlocutory order - Revision not maintainable - Petition u/s 482 Cr.P.C. is maintainable...........
Criminal Procedure Code, 1973, Section 311 -- Court can exercise power u/s 311 Cr.P.C. even suo motu if no such application is filed by either of the parties - However, Court must satisfy itself that it was in fact essential to examine such a witness, or to recall him for further examination in order to arrive at a just decision of the case...........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 27, Criminal Procedure Code, 1973, Section 438 -- Attempt to murder - Petitioner has already joined investigation - He is no longer required for further interrogation - Brother and co-accused of petitioner has already been allowed concession of regular bail - Held, no reason not to extend same benefit of..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - As per averments made in complaint petitioner has issued cheques to complainant under his signature - Plea of petitioner that cheque in question was signed by `M' and not signed by him, therefore, he ought not to have been..........
