Criminal Procedure Code, 1973, Section 190(1)(b), 482 -- Cognizance of offence - Quashing - Cognizance taken u/s 190 (1) (b) CrPC only on the basis of material available in the case diary and no extraneous material has been considered by Magistrate - Revision preferred by petitioner as well co-accused has been dismissed by Addl. Sessions Judge - Held, no error or..........
Criminal Procedure Code, 1973, Section 173(2), (8), 200, 202, 210, 465(2) -- Stay of criminal proceedings - When the matter was pending under enquiry before Magistrate, investigating officer has submitted application and Magistrate has stayed the enquiry and waited for investigating officer to file report and when after investigation, a charge-sheet has been filed by..........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 6 -- Government order cancelling Permanent Resident Certificates - Revision against - Jurisdiction of Authorized Officer to entertain revision - In terms of S6, revisional powers are exercisable by Government or its delegate against orders passed by, or in respect of proceedings pending before "Competent Authority" -..........
Civil Procedure Code, 1908, Order 6, Rule 15(2), Civil Procedure Code, 1908, Order 7, Rule 11 -- Verification of plaint - Non compliance with provision of O.6.R.15(2) - Procedural irregularity - Rectification denied by trial Court - Consequences of such order to be considered at the time of deciding the suit itself - No error in impugned order of trial Court...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Agreement to sell - Suit for specific performance - Impleading of a party - Proposed party having no fair semblance of title to come on record - Application dismissed - Order upheld...........
Civil Procedure Code, 1908, Section 54 -- (As in Karnataka) - Suit for partition - No final order effecting partition under unamended provision of S.54 passed prior to commencement of Amending Act - Case would be covered by amended Act - Partition will be made by Civil Judge and not by Deputy Commissioner as per amended provision of S.54 of the Code...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Accident claim petition - Amendment of - Amendment sought for by respondents-claimants was that the word "motorcycle" in place of "rickshaw" at item No.27 of claim petition be substituted and word "Nahi" at para No.10 of same be deleted - Amendments were allowed by trial court - Legality of - Held, amendment has altogether..........
Civil Procedure Code, 1908, Order 32, Rule 2 -- Minor or person of unsound mind - Appointment of Guardian - Appellants categorically admits that shares which have been granted by Courts below to plaintiffs/respondents in partition suit are quite correct - Their only argument is that plaintiff No.2 was of unsound mind hence lower appellate court should have either dismissed..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Review of sanction order - Review is permissible on the basis of fresh inputs and even for other valid reasons...........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Power to grant sanction includes power to refuse - Sanctioning authority has to arrive at the conclusion for refusal or grant of sanction by taking into consideration the material placed before it - There may be doubts in the mind of the sanctioning..........
