Criminal Procedure Code, 1973, Section 311 -- Recall of witnesses for further cross examination - Full opportunity was given to cross examine the witnesses - No justification for recall of the witnesses for further cross examination - Order of recall quashed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Summoning order - Setting aside of - Averments in complaint are sufficient for the purpose of summoning petitioners - Held, summoning order cannot be set aside - It shall, however, be open to petitioners to lead evidence before trial Court to show..........
Criminal Procedure Code, 1973, Section 200, 202, 204, Indian Penal Code, 1860, Section 307, 504 -- Summoning of revisionists u/s 307 and 504 IPC after having rejected final report u/s 173(2) submitted by IO - Special Court while taking cognizance of offence and issuing process simply taken into consideration record of cross-case - Legality - Held, it is settled that..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 420 -- Anticipatory bail - Cancellation - Legality - Appellants aged and rustic - Not influential persons holding high office to put pressure on the investigating agency - Unlikely that police would find it difficult to interrogate them because of anticipatory bail order - No concrete..........
Civil Procedure Code, 1908, Order 13, Rule 3 -- Impounding of document insufficiently stamped - Suit for recovery on basis of receipt - Receipt bearing signatures of defendant only - Amount forming part of consideration of sale of plots which defendant received without having title over plots - Held, receipt cannot be termed as agreement - Impugned order set aside...........
Civil Procedure Code, 1908, Section 24 -- Divorce petition - Transfer - Petitioner/wife has to look after a child of three and half years and aged parents about 65 years old - Held, it would be too much for a woman to travel with a young child across the State in order to contest the proceedings which has been initiated by respondent in Family Court at Jodhpur - Her..........
Criminal Procedure Code, 1973, Section 438, 6(2), 10 - - Anticipatory bail - Juvenile in conflict with law - Held, provisions covered by the Act to ensure right of juvenile in conflict with law to prevent him from being exposed to police and police stations - Order passed directing execution of bond by petitioner in the event of his arrest and all other conditions imposed..........
Criminal Procedure Code, 1973, Section 144 -- Imposition of prohibitory order - Validity - Division bench judgment on very same issue - Held, Court sitting single is bound by order passed by division bench - Petition dismissed...........
Ranbir Penal Code, 1989, Section 45, 54, 55, 57, Jammu and Kashmir Criminal Procedure Code, 1989, Section 35(2), 401(1), 402, Prisons Act, 1894, Section 3(1), (5), Prisoners Act, 1900, Section 32, 51 - - Release of prisoner - Imprisonment for life - Petitioner seeking his release from detention on ground that he has already completed 20 years and 11 days of sentence -..........
Criminal Procedure Code, 1973, Section 227, 239 -- Discharge of accused at the stage of framing of charge - Specific allegations against husband and also against his parents - Whether or not those allegations are true is a matter which cannot be determined at the stage of framing of charge - Any such determination has to take place at the conclusion of the trial - Order..........
