Criminal Procedure Code, 1973, Section 311 -- Recall of three PWs for re-examination - In the absence of witnesses making any complaint about threat or pressure not to tell the truth before Court, mere on basis of filing an application by prosecution, it was not justified on the part of trial Court to allow the application - Order allowing application held, set aside...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Stay of decree for payment of mesne profits, passed jointly and severally against defendants - Stay order not reasoned - Therefore, it shall be open for plaintiffs to move a fresh application before appellate Court, praying for mesne profits as also for enhancement of mesne profits during course of appeal...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife is living separately from husband on the ground that he commits anal sex with her - She was not agreeable for carnal intercourse against the order of nature which husband wanted to establish with her - Wife was physically incapable to do so because she had injuries - Refusal to have carnal intercourse..........
Criminal Procedure Code, 1973, Section 83 -- Attachment of property belonging to proclaimed offender - Sine qua non for passing such an order would be a finding, may be prima facie, that property for which attachment order is being passed belongs to accused person and without such finding, no order as to attachment of property can be passed...........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal of prosecution - Double murder case - Withdrawal of prosecution merely on the ground of good public image of accused - This reasoning cannot be accepted especially in cases of involvement of influential people - Order allowing withdrawal of prosecution of accused set aside...........
Criminal Procedure Code, 1973, Section 102 -- Freezing of bank account - Delay in reporting the seizure to Magistrate - Directions issued: (i) Police officer concerned shall inform bank whether seizure of bank account has been reported to jurisdictional Magistrate and if not, time limit within which seizure will be reported - If no intimation as to compliance or proposal..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Survey knowing Commissioner - Neither there is any dispute with regard to description of suit property nor there is any issue regarding the nature of possession of parties - Petition U.O.39.R.2-A CPC is also pending for alleged violation of interim order of injunction - Onus of proof of alleged encroachment by..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 418 -- Quashing of FIR - Cheating - Sale of defective car - Manufacturer of car offered to replace old car with brand new car in compliance with order of High Court - However, this was not acceded to by complainant - Old vehicle was admittedly returned to erstwhile dealer by complainant -..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Where a Court considering an application for bail fails to consider relevant factors, appellate Court may justifiably set aside the order granting bail...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Where an order refusing or granting bail does not furnish the reasons that inform the decision, there is presumption of non-application of mind which may require the intervention of Supreme Court...........
