Criminal Procedure Code, 1973, Section 482 -- Challenge to summoning order after a period of two years - Petitioner raising factual pleas of defense - Held, cannot be examined by High Court in its jurisdiction u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Proprietary - Offence alleged to have been committed u/ss 323, 506, 420, 467, 468 & 471 IPC - Discharge of accused/revisionists on ground that from FIR and materials collected during investigation if taken to be true, then no offence whatsoever is made out against them - Lower Revisional Court allowed revision..........
Indian Penal Code, 1860, Section 324, 325, Criminal Procedure Code, 1973, Section 357 -- Offence u/ss 324, 325 IPC - Release on probation - Validity - Respondents did not inflict any sharp edged injury on chest or stomach or any vital organ of petitioner and his father - Attack was not a planned one and accused persons did not possess any intention or knowledge to kill -..........
Criminal Procedure Code, 1973, Section 357 -- Offence u/ss 324, 325 IPC - Grant of compensation to victims - Petitioner and his father remained in hospital for a long period of time and grievous injury suffered by father of petitioner decreased his life expectancy - Held, while maintaining order of ASJ regarding release of respondents No.1 to 3 on probation, they are..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 9, Rule 7 -- and - Ex parte decree - Setting aside of - Application for - Maintainability - Held, an order on an application U.O.9.R.7 CPC will not preclude the Court to consider the application U.O.9.R.13 CPC...........
Criminal Procedure Code, 1973, Section 436 -- Bailable offence - Issue of no, bailable warrant - Revision - Issuance of no, bailable warrant consequent to the failure to produce sureties and at the same time remaining absent on hearing dates - Held, it cannot be said to be improper or irregular - Revision liable to be dismissed - However, it is made clear that petitioner..........
Criminal Procedure Code, 1973, Section 256 -- Warrant case - Dismissal of complaint for default - Acquittal - Validity - Held, there is no provision in Cr.P.C. permitting acquittal of accused persons on account of absence of complainant in warrant case - Moreover, before the stage of framing of charge, any termination of proceedings can never amount to an acquittal -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance of agreement to sell - Plaintiff sought temporary injunction restraining defendants from alienating suit property during pendency of suit - Held, interest of both parties can be safeguarded by directing that if defendants want to alienate suit land during pendency of..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Not a bar for passing interlocutory orders such as an order for consolidation of the later suit with the earlier suit or appointment of a Receiver or an injunction or attachment before judgment - The course of action which the Court has to follow is not to proceed with the `trial' of the suit but that..........
Criminal Procedure Code, 1973, Section 177, 185 -- Jurisdiction of Allahabad High Court - Cases investigated by CBI - Special provision - Under special provisions CBI Court Lucknow has been authorized to try the cases investigated by CBI though all districts which are ordinarily covered under jurisdiction of Allahabad High Court - Held, Allahabad High Court is not..........
