Criminal Procedure Code, 1973, Section 439 -- Bail - Where a Court considering an application for bail fails to consider relevant factors, appellate Court may justifiably set aside the order granting bail...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Where an order refusing or granting bail does not furnish the reasons that inform the decision, there is presumption of non-application of mind which may require the intervention of Supreme Court...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Co-defendants - In applying the principle of res judicata between co-defendants, primarily three conditions are necessary to be fulfilled namely: (a) there must be a conflict of interest between co-defendants; (b) there is necessity to decide the said conflict in order to give relief to plaintiff; and (iii) there is..........
Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence during pendency of appeal against conviction subject to condition to deposit 20% of fine amount - Petitioner seems to be in financial distress - Looking at the financial condition of petitioner, directing him to deposit 20% of..........
Criminal Procedure Code, 1973, Section 362 -- Review - Earlier revision petition was dismissed by High Court by confirming order dismissing application for discharge - Since first prayer in writ petition was for quashing of complaint itself, therefore, dismissing first prayer in writ petition on the ground of bar of S.362 Cr.P.C. is erroneous...........
Criminal Procedure Code, 1973, Section 389 -- Suspension of substantive sentence during pendency of appeal - High Court while declining to suspend the substantive order of sentence of life imprisonment has discussed the prima facie case established against accused before trial Court - In such circumstances, no interference warranted in the impugned order - As regarding..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution -Third party objections - Objections were rejected ex parte, as petitioner was not present on the date when objections were heard - Recall application filed by petitioner was also dismissed without considering the grounds on which it was filed - Since, reasons for non-appearance were adequately explained by..........
Protection of Women From Domestic Violence Act, 2005, Section 19 -- Residence order u/s 19(4) of the Act - Can be treated as an order under Chapter VIII Cr.P.C - However, recourse to said chapter of Cr.P.C cannot be an effective remedy...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Interim protection was granted to accused - However, Supreme Court granted four weeks time for filing counter affidavit as prayed by State - No counter affidavit has yet been filed - Order granting interim protection to accused is thus, made absolute - Anticipatory bail granted...........
Civil Procedure Code, 1908, Section 10 -- Stay of first suit - Second suit filed by defendant was merely a ploy to delay the proceedings in the first suit - Order dismissing application, upheld...........
