Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceedings - Petitioner is facing trial for the last 11 years - Respondents are least bothered to pursue the matter - It seems that respondents are not interested to led any evidence even before pre-charge stage - They only want to harass petitioner - Held, since the matter is listed on 19.04.2012 before..........
Constitution of India, 1950, Article 226,142, Criminal Procedure Code, 1973, Section 357 -- Cost - Petitioner filed SLP against an order - Petition misconceived, untenable and devoid of any merit - Petition dismissed with cost of Rs.20,000/-...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Sought at the stage when case was listed for recording statement of defendant - Amendment sought with regard to property in dispute whereas in the plaint boundaries given are with regard to entire property relating to Khata No.440 - Elaboration of property - Amendment allowed by trial Court - Held,..........
Criminal Procedure Code, 1973, Section 439(2), 309 -- Criminal trial - Bail - Cancellation of - Without there being any bail application and without hearing counsel for CBI, bail was granted - Held, simply because Investigating Agency has not filed any sanction orders from competent authority, that does not mean, accused is entitled for bail automatically or as a matter of..........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence - Application to adduce - Evidence/material was in existence but could not be produced during trial - Reasons explained in application not absolutely satisfactory - However, evidence being material or at least relevant for the purpose of present appeal - Held, such additional evidence should be allowed -..........
Criminal Procedure Code, 1973, Section 30, 31, Rule 242(1) -- Tamil Nadu Prison Manual, Vol.II, Concurrent running of default sentence - Held, u/s 31 of Cr.P.C., if a person is convicted and sentenced for several punishments such punishment commences one after the other unless the court directs such punishment shall run concurrently - There is no prohibition for the court..........
Criminal Procedure Code, 1973, Section 233(3) -- Production of documents - Refusal - Validity - Two applications relating to the calling for the original Note Book of Sonu (deceased) and sending the Mobile Set for forensic examination - Court refused to consider only on the ground that petitioner did not raise his grievance with regard to aforesaid matter in Cr.Misc...........
Criminal Procedure Code, 1973, Section 210 -- Two separate trials for same offence - Permissibility - Criminal complaint and FIR - Two separate trials are pending in respect of same offence in two different Courts on the basis of criminal compliant and FIR - Held, since FIR was got lodged on 25.09.2010 Magistrate has erred in law in proceeding with the complaint - As such..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Will does not mention the number of property in question whereas with regard to other property in the Will specific description has been given - Trial Court rejected application by holding that genuineness of Will can only be decided after parties are allowed to lead evidence - No interference called..........
Criminal Procedure Code, 1973, Section 482 - - Transfer of case for investigation - Theft of 23 metric tones of TMT bars from lorry valued at Rs.9,86,000/- - Complaint disclosed that owners and drivers of vehicle were hand in glove with organized criminals and inter-State gangs, who were engaged in committing theft of steel materials belonging to petitioner's-company -..........
