Civil Procedure Code, 1908, Section 15 -- Jurisdiction to deal with subject matter - Non raising of objection as to - Effect - Held, even if a party may not have raised the point that Court does not have jurisdiction to decide the subject matter of dispute and ultimately suffers an order or a decree, such order/decree is a nullity and that its invalidity may be raised..........
Criminal Procedure Code, 1973, Section 145 -- There is no order passed on satisfaction by SDM - Held, recording of satisfaction is mandatory u/s 145 Cr.P.C. - Notice issued u/s 145 liable to be set aside - SDM concerned is at liberty to proceed as per law...........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning of - Murder case - FIR against unknown persons - Charge sheet filed - Appellant not named an accused - CJM committing the accused to the Court of Sessions - Summoning in a private complaint against persons left out by police in the course of investigation - Summoning order quashed - Once the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint for default - Complainant remained absent on date of hearing - But he preferred an application for exemption on the said date on account of his sickness and health ground - Held, it cannot be construed that complainant was not diligent..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - High Court while granting anticipatory bail simply stated "Considering the facts and circumstances, prayer of petitioner is allowed" - Impugned order is invalid and improper - Set aside...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Remand of appeal by High Court - Application for adducing certified copy of gift deed as additional evidence - Appellate court rejected aforesaid petition - Civil revision filed also dismissed - Plaintiff could not take aid of S.105 CPC - Once order was unsuccessfully challenged in revision it could..........
Criminal Procedure Code, 1973 -- Appeal against acquittal - Appellate Court to interfere with an order of acquittal only for special reasons...........
Criminal Procedure Code, 1973, Section 437A -- Bail - Convict seeking direction that all convicted persons be released on bail on executing bail bonds whose trials are likely to be concluded within six months prior to disposal of trial or appeal in order to facilitate pairvi by prisoners - Held, S.437-A CrPC was not introduced to allow accused to be released prior to..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Grant of - Murder Case - FIR lodged on 23.07.2010 - Since then applicant is in judicial custody - Last bail application was rejected on 06.09.2011 as having been withdrawn - Order sheets dated 04.07.2011, 30.07.2011, 29.08.2011, 01.10.2011, 01.11.2011, 24.11.2011 and 23.12.2011 of trial Court reflected that applicant has..........
Criminal Procedure Code, 1973, Section 341, 340, Order to -- Order to file complaint and prosecute accused - Appeal thereagainst - Maintainability - Held, right of an accused or a person against whom an order u/s 341 or 342 is passed will accrue only when a complaint is actually filed - Appeal is not maintainable...........
