Constitution of India, 1950, Article 226, Criminal Procedure Code, 1973, Section 439 -- Grant of bail - Interference with in writ jurisdiction - Held, power to grant bail by Sessions Judge is a discretionary power - Such power should not be arbitrarily used - However, if Sessions Judge, on perusal of materials comes to conclusion that it is a fit case where bail should be..........
Criminal Procedure Code, 1973, Section 190, 204 -- Summoning of accused - A serious matter - Order of Magistrate summoning the accused must reflect that he has applied his mind to the facts of the case and the law applicable thereto - Magistrate has to record his satisfaction with regard to the existence of a prima facie case on the basis of specific allegations made in..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, Criminal Procedure Code, 1973, Section 156(3) -- Will - Alleged to be forged and on the basis of such forged Will, succession certificate procured - Complaint filed - Courts below held it to be a case of civil nature as succession certificate issued by civil court is under challenge before appellate court - Held, a..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Defendant admitting unauthorised possession of plaintiff - Order that plaintiff cannot be dispossessed except under due process of law inspite of the fact of holding that there is no prima facie case, balance of convenience and irreparable loss, in favour of plaintiff, upheld...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Petitioners have failed to show mistakes committed by Court at the time of passing order to be reviewed or error apparent on face of said order - Petitioners also did not show any other sufficient reasons for which order has to be reviewed - Petition dismissed...........
Criminal Procedure Code, 1973, Section 372, 2(wa) - - Victim or a complainant in a complaint case - Right of appeal against (i) an order acquitting the accused; (ii) convicting the accused of a lesser offence and (iii) imposing inadequate compensation - Law as to - Summed up - (a) The expression "victim" as defined in S.2(wa) includes all categories of his/her legal heirs..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Charge sheet for the offence punishable u/ss 323, 504 & 506 IPC submitted upon which charges framed - Supplementary charge sheet filed for the offence punishable u/ss 452, 376 and 511 IPC - Accused directed to get bail in the said matter - From the perusal of FIR it cannot be said that prima facie..........
Criminal Procedure Code, 1973, Section 204 -- Issuance of process - At this stage only a prima facie case is to be seen - Detailed reasoned order at the stage of issuance of process is not required...........
Criminal Procedure Code, 1973, Section 125 -- Grant of maintenance - Validity - Respondent-wife had intentionally hidden the fact that she had filed an application u/s.125 Cr.P.C. and Special Judge had granted her maintenance for Iddat period - She had procured subsequent order of maintenance by playing fraud upon Court - Held, once an order has been procured by fraud,..........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 482, 320 -- Parties compromised in an offence u/ss 498-A, 406 IPC - Petition for quashing of proceedings is different than a petition for compounding of non compoundable offence - S.320 Cr.P.C. does not limit or affect the powers of High Court u/s 482 Cr.P.C. - High Court can quash criminal..........
