Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Power to re-appreciate evidence - Held, while dealing with an appeal against acquittal, High Court has a duty to scrutinize evidence and sometimes it is an obligation on part of High Court to do so - Power is not curtailed by any of provision of CrPC - While re-appreciating and reconsidering evidence..........
Criminal Procedure Code, 1973, Section 145 -- East Punjab Urban Rent Restriction Act, 1949, S.13(2)(i) - Eviction - Tenancy - Whether proceedings u/s.145 Cr.P.C. will have any bearing to rent control proceedings? - Held, it has to be always seen in context in which order is sought to be issued - There could be no rule of thumb that S.145 Cr.P.C. will have no meaning to..........
Indian Penal Code, 1860, Section 420, 467, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Petitioners-accused had intention to cheat & misappropriate amount of complainant from very beginning - They have received huge amount of Rs.81,63,000/- in lieu of earnest money but did not execute sale deed of entire land in order to cheat and misappropriate..........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 3(i)(x) -- Anticipatory bail - Offence u/s.3(1)(x) of the Act of 1989 - Bar as to grant of anticipatory bail - Applicability - Specific averment in complaint that Petitioner No.1 gave beatings to complainant and called him `Khatikde' in..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 29, Criminal Procedure Code, 1973, Section 401 -- Order passed by Magistrate excluding opposite party Nos.1 to 4 from category of respondents on ground that they being women relatives of husband of petitioner, thus, they cannot be added as respondents - Revision against - Maintainability - Held, impugned..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Law as to - Summed up : (i) Power to summon an accused is discretionary and extra-ordinary power, which should be exercised sparingly and only if compelling reasons exist at any stage of case; (ii) The order passed under Section 319 of the Code of Criminal Procedure summoning an additional accused should..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Accused summoned u/s 319 Cr.P.C. has to be jointly tried with other co-accused and trial Court is not justified in separating the case of revisionist and deciding the case of rest of the accused - Moreover, statement of PW1 in cross-examination ruling out the involvement of revisionist - Possibility of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 341, 324, 325, 447, 148, 149, 307 -- Quashing of FIR and order taking cognizance - (i) Series of litigation does not ipso facto make the FIR lodged with certain ulterior motive; (ii) Once there is formation of an unlawful assembly, once there is an assault, once there are injuries sustained,..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Restoration of suit - Suit dismissed for non compliance of order to pay deficiency in Court fee - Application filed after three months - Plea that application U.O.9.R.4 is not maintainable - Held, nomenclature is not decisive - Even though separate application for condonation of delay was not filed however in the restoration..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of a party - Suit on basis of registered Will as well as adoption - Applicants claiming their right being Class I heirs - To avoid multiplicity of litigation and to resolve the controversy in dispute, the applicants are necessary parties - Order allowing application calls for no interference...........
