Criminal Procedure Code, 1973, Section 482 -- Stay of investigation and trial - Very extra ordinary power of High Court - Such power to be exercised sparingly only to prevent an abuse of the process and to promote the ends of justice - High Court should finally dispose of such proceeding as early as possible but preferably within six months from the date the stay order is..........
Negotiable Instruments Act, 1881, Section 147, Criminal Procedure Code, 1973, Section 320, 4(2), Negotiable Instruments Act, 1881, Section 147, Negotiable Instruments Act, 1881, Section 147, Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138, 147, Companies Act, 1956, Section 391, Negotiable Instruments Act, 1881, Section 138, 147,..........
Criminal Procedure Code, 1973, Section 482, 156(3), 190 -- Inherent powers - Registration of FIR - Direction sought to register a case against police officials for having committed a cognizable offence for causing fracture of forearm of son of petitioner when he was allegedly in custody of police - Disputed question of fact involved - Held, such question cannot be..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Section , Order 17, Rule 3 -- Dismissal of suit U ,O. 17 ,R. 3 - Order 9 CPC does not apply to suit which came for hearing in which plaintiff appears and fails to carry out directions of the Court or otherwise prosecute the suit...........
Criminal Procedure Code, 1973, Section 482, Customs Act, 1962, Section 110, 111, 135 -- Complaint - Quashing of - Scope and jurisdiction of High Court - Held, scope and jurisdiction of this Court for quashing a complaint at the initial stage of the trial under section 482 Cr.P.C. are not res integra - It is well settled proposition of law that in case, on the bare reading,..........
Court Fees Act, 1870, Section 7, Civil Procedure Code, 1908, Order 7, Rule 11 -- Suit for declaration, possession and injunction - Court fees - Prayer made in suit that sale deed be declared as void and also for a decree of possession - Even if plaintiff was not party to transaction, he has to put valuation of suit property - Therefore order of Court rejecting plaint and..........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand of case - Appointment of commissioner - Powers of appellate Court - Exercise of - Held, it is well settled that the order of remand for re-trial can be done only in exceptional cases and if there is sufficient evidence before appellate court the court itself can decide the case as first appellate court is the last..........
Civil Procedure Code, 1908, Section 96, 97 -- Partition - Passing of final decree contrary to preliminary decree - Even if judgment/order of Court is in accordance with relief sought for, it is not open for Court to pass such a relief in final decree in the absence of a preliminary decree - Where there is a conflict between preliminary decree and the final decree, final..........
Civil Procedure Code, 1908, Section 153 -- Clerical mistake - Court has power to order rectification of clerical mistake occurred in describing boundaries of property in plaint schedule, even after disposal of suit, for sub serving cause of justice...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 446 -- Dishonour of cheque - Non-appearance of accused - Imposition of penalty - Accused did not surrender before Magistrate to receive verdict of trial Court - Failed to place before Court any material - Sureties did not offer any explanation when notice u/s 446 CrPC was issued - Held,..........
